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Who can initiate termination of parental rights?

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ilokguardian

Junior Member
What is the name of your state (only U.S. law)? Illinois (and Oklahoma)
We live with the child in Illinois, everyone else mentioned lives in Oklahoma.

My husband & I have been legal guardians of my 3 year old step-nephew for 14 months (since he was 23 months old). Before that, he lived with his grandparents or mom & grandparents for most of his life, although he did live with both his mom & dad for about 3 or 4 months total (not consecutive). He has never been in the child welfare system, although grandma was starting to get the courts involved before his mom voluntarily signed over guardianship to her, and then later moved the guardianship to us.

His father (who is in prison, 2 years into serving multiple 10 year sentences) was given official notice about the guardianship, and never responded. He does, however, have our address and phone number. He called once, 13 months ago. He spoke to his son for about 2 minutes, then spoke to me for about 2 minutes. I answered his questions and thanked him for calling. We have not heard anything from him since.

My dad & step-mom (child's grandparents) want us to work to have the father's parental rights terminated. I certainly think it would be in the child's best interest to make sure his father is never able to have custody of him. (Father has a history of violence, drug use & sale, and abused the child's mother. Additionally, the child has extensive cerebral palsy which means it requires extra effort & responsibility to properly care for him.)

However, is it possible for us, as legal guardians, to initiate termination of the father's parental rights? If it is possible, is there any reason it would be a bad idea?
 


ilokguardian

Junior Member
We only agreed to be guardians if she was on board. Our goal has been to help her stay connected with her child, and we have done everything we can (short of letting her move in with us) to help her do that. She has some things she needs to work on in her life before she is able to give her child the attention and care that he needs, and she recognizes that. Of course it is hard for her, but she has said repeatedly that she knows she can't take care of him right now.
 

Isis1

Senior Member
We only agreed to be guardians if she was on board. Our goal has been to help her stay connected with her child, and we have done everything we can (short of letting her move in with us) to help her do that. She has some things she needs to work on in her life before she is able to give her child the attention and care that he needs, and she recognizes that. Of course it is hard for her, but she has said repeatedly that she knows she can't take care of him right now.
you cannot terminate dad's rights that way. someone has to adopt. theoretically, it would be you. which means mom would also have to lose her rights.

so are you and your husband willing to be lifetime parents to this child? is mom on board with this?

how long is dad in prison for?
 

cyjeff

Senior Member
We only agreed to be guardians if she was on board. Our goal has been to help her stay connected with her child, and we have done everything we can (short of letting her move in with us) to help her do that. She has some things she needs to work on in her life before she is able to give her child the attention and care that he needs, and she recognizes that. Of course it is hard for her, but she has said repeatedly that she knows she can't take care of him right now.
That isn't what I asked.

You are asking for the termination of parental rights so that you can assume them. That means that the rights of BOTH parents are terminated.

Mom would no longer have a child from a legal sense.

How does she feel about that?
 

mistoffolees

Senior Member
That isn't what I asked.

You are asking for the termination of parental rights so that you can assume them. That means that the rights of BOTH parents are terminated.

Mom would no longer have a child from a legal sense.

How does she feel about that?
And since they're already legal guardians, what do they hope to gain?
 

ilokguardian

Junior Member
you cannot terminate dad's rights that way. someone has to adopt. theoretically, it would be you. which means mom would also have to lose her rights.

so are you and your husband willing to be lifetime parents to this child? is mom on board with this?
This is the information I needed that I didn't have. We'd be happy to adopt him if mom agreed to it, but she says she is still hoping she'll be able to take care of him in the future. It looks like there isn't any point in pursing termination of dad's rights.
 

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