Can I Terminate My Ex’s Parental Rights?

 Posted on January 30, 2026 in Family Law

Children typically benefit from having both parents involved in their lives. However, this is probably not the case if one parent isn’t fit to handle the responsibilities of child custody. If you believe that terminating your ex’s parental rights is in your child’s best interest, reach out to a Wheaton, IL family law attorney today.

At Davi Law Group, we take your child’s best interests seriously. Attorney Dion U. Davi has years of legal experience, and he has had speaking engagements at the DuPage County Bar Association about complex child custody issues. You can rely on our firm to provide you with qualified legal advice as we take steps to protect your child in the long term.

Involuntary Termination of Parental Rights in Illinois

In Illinois, a court can end a parent’s legal rights without their consent. This is called involuntary termination. It is a serious step designed to protect children from harm. Common reasons include abuse, neglect, abandonment, or failure to support the child.

To start the process, someone – often DCFS, a guardian, or another parent – files a petition with the court. The petition lays out the reasons why the parent should lose rights. The court assigns a case number and schedules a hearing. The parent facing termination will also receive formal notice of the hearing date.

If rights are terminated, the parent loses the right to make decisions about the child’s education, health care, and religion. He or she will also lose the right to seek custody or regular visitation. The child becomes eligible for adoption or another permanent placement. The decision is final, with limited avenues for appeals. Our family law attorney can represent you in a petition to terminate your ex’s parental rights, building a case based on your child’s healthy development rather than a petty grudge.

Voluntarily Terminating Parental Rights During an Adoption

Voluntary termination takes place when a parent agrees to end their rights. This most often happens in adoption. A parent may consent when a stepparent, relative, or foster family will adopt the child. According to the U.S. Department of Health and Human Services, between nine and 44 percent of children entering foster care will have their parents’ rights terminated within five years.

Once the parent signs consent forms, the court schedules a hearing. The judge questions the parent under oath to make sure that the decision is free and informed. The parent must understand that he or she will be permanently surrendering parental responsibilities. If the parent is under 18 or has a disability, the court appoints a lawyer or guardian to represent them.

At the hearing, the judge asks the parent if he or she understands the terms of the consent forms. If everything is clear, the judge signs an order to terminate the parent’s rights. This order lets the adopting parent become the child’s legal guardian. Afterward, the child can legally take the new parent’s name and become a part of his or her family.

What Happens at a Hearing to Involuntarily Terminate Parental Rights?

A hearing to involuntarily terminate rights is formal and governed by strict rules. Both sides present evidence and call witnesses. The petitioner has the burden to prove the parent is unfit through clear and convincing evidence.

Proof can include police reports, medical records, school attendance records, and social worker testimony. The parent can hire an attorney or use a court-appointed lawyer. He or she may call witnesses such as family members or counselors. The parent can show proof of safe housing, employment, or successful completion of treatment programs.

During the hearing, the judge listens closely to the facts presented. He or she may rely on the observations of a special attorney known as a guardian ad litem, who may investigate the child’s living and school environment. The guardian ad litem then makes recommendations to the court.

Once both sides finish presenting their cases, the judge weighs all relevant factors under Illinois law. If the judge finds the parent has abused or neglected the child despite help from the court, he or she may rule in favor of termination. A parent whose rights have been terminated can only petition for reinstatement after three years have passed, and the parent must meet strict requirements before the court will consider the request.

Understanding the Child’s Best Interests Standard in 2026

Illinois courts apply the best interests standard when deciding custody, adoption, or termination cases (750 ILCS 5/602.7). This standard includes both traditional factors as well as newer, trauma-informed practices. Courts look at each parent’s ability to provide food, shelter, and medical care. They also examine the child’s emotional bonds and stability.

Judges consider the child’s age, health, and any special needs. He or she will ask whether the child has a stable home environment. The court evaluates relationships with siblings and extended family. A strong bond with caregivers weighs in favor of placement. The court also reviews past efforts by the parent to remedy problems. If the parent failed to comply with court-ordered services in the past, the judge can factor that into the final decision.

Recent updates emphasize trauma-informed care. Judges must consider the child’s mental health history and any therapy that he or she has received. Courts look for evidence of healing and growth when services were provided. They also assess whether continued involvement with the parent could cause more harm.

Importantly, the court must find that no less drastic measure would protect the child. If the parent demonstrates real efforts at genuine change and the home can be made safe, the court often tries reunification first. Termination remains the last resort. The focus is on protecting children while giving families a chance to heal whenever possible.

Contact a DuPage County, IL Child Custody Lawyer

When a child’s well-being is at stake, you need a legal representative who can help you make a strong case. At Davi Law Group, our Wheaton, IL family law attorney is ready to represent you in court, providing compassionate representation and knowledgeable counsel. To schedule a free consultation, call our firm at 630-657-5052 today.