While many parents would like to be able to simply end their ex’s right to be in their children’s lives, it is not possible in Illinois to do so unilaterally. Terminating a parent’s rights in Illinois is a process that requires the involvement of both parents in most cases, and in some situations, it can get extraordinarily complex. It is imperative, for the sake of your children, to ensure you understand the process before trying to assert your parental rights over those of their current caregivers.

When Can Rights Be Terminated?

In Illinois, there are very limited occasions on which a parent’s rights may be terminated. According to current law, there are only two: either in a case under the Adoption Act or in a juvenile court case. This may seem extreme, but Illinois legislators and courts have been firm in asserting that children benefit more from having both parents in their lives, unless the parent has been convicted of offenses that would signify their posing a danger to the child in question.

It is much more common nowadays for couples to spend time apart while married, or even take their entire family abroad. However, if the marriage breaks up, however, there can be some difficult and unique issues, especially if one spouse is in the military. It is advisable to enlist a professional to help negotiate complex questions in this situation.

Divorce Complexities

International divorces can be extremely drawn out, even if there are no children involved. Most of the common questions involve jurisdiction: if I am divorced in another country, will it be recognized at home? Whose law applies? What if my spouse is not an American citizen?

A parent has a legal obligation to support his or her children. This is true even in the midst of a divorce. Depending on any the situation, a person may have an obligation to help support his or her (soon-to-be) ex-spouse as well. However, many people confuse the two obligations, when in reality child support and maintenance (also called alimony or spousal support) are very different, not least of all because the right to collect belongs to different parties.

Child Support

Child support is a right that belongs to a child, not their parents, though the actual payments may be received and administered by the child’s parent. It is defined as court-ordered payments usually made by the parent with fewer parental responsibilities or less parenting time to help support his or her children. In Illinois, the obligation to pay support exists, if ordered, until that child turns 18 years old. If the child is still attending high school at that age, however, the support obligation is extended until they either graduate or turn 19, whichever comes first.

The Real Housewives of Orange County star Kelly Dodd recently announced that she plans to file for divorce from her husband. Kelly Dodd and Michael Dodd have been married eleven years but according to Kelly, the marriage was not always perfect. She explained to US Weekly that the marriage had its ups and downs. The star also said that while she and her husband were good friends that they are just too different to continue being married. The Dodds have an 11-year-old daughter together that they plan to co-parent.

Personality Differences Can Spell Trouble for Couples

Fame and celebrity status aside, the Dodd family is not unlike many families in the United States. Many couples get married and have children together only to later discover that cannot peacefully coexist with one another. Contradictory personalities, arguments, different priorities and goals in life, and other sources of conflict can drive a wedge between the spouse in a marriage. After trying and failing to solve the marital problems and despite their best intentions, many couples ultimately reach the decision to divorce.

During some divorce or parental responsibility proceedings, one or both spouses will resort to unethical tactics in order to get ahead. Accusing the other spouse of child abuse is a tactic that has become unfortunately more common in recent years, but it still does not happen as often as one might think. Still, if it happens to you, it is important to know how to defend yourself from false allegations of abuse.

“Reasonable Belief”

As one might imagine, child abuse allegations are taken extremely seriously. The number of children actually removed from their homes, however, has decreased in recent years. When abuse allegations are made, the Illinois Department of Children & Family Services (DCFS) is called in to do an investigation. This is not a criminal investigation, but it can easily become one. The important thing is to cooperate with the investigation—any resistance can be taken as a possible indication of guilt.