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GIVING UP PARENTAL RIGHTS

First, it should be understood that until court ordered, single fathers have NO ASSUMED PARENTAL RIGHTS. Financial responsibility and parental rights are not linked until he has applied to the court for permission to see his child(ren). What the father is doing is motioning the court to be released from current and future financial obligations, along with giving up the right to "PETITION" the court for Parental Rights.

Since they are the ones who actually carry to term and give birth to the child, ONLY MOTHERS have the universal right to voluntarily give her parental rights AND financial responsibility for her child(ren). Initially, after the day of birth, under State Safe Haven Laws, she can abandon her child, giving up all rights and responsible for said child (NO QUESTIONS ASKED) at any Hospital ER. After the Statute of Limitations under the Safe Haven Law, the mother can still give up her children to the State Division of Family Services. However, the father is still obligated to pay child support.

On the other hand, the male must seek the permission of the Court, AND the Mother, to give up his own financial responsibility.

Petitioning the courts to be absolved of financial responsibility can be time consuming, and expensive in terms of legal fees and court costs. Further, he could be obligated to pay for the mother's legal counsel. Further, if the mother is receiving Aid For Dependent Children (AFDC) or other State Aid for the children, not even the court has the authority to grant a motion to absolve the father of responsibility.

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13y ago
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14y ago

Married fathers have equal rights until court ordered otherwise, but single fathers have no rights until court ordered. see links below

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Q: What are father's rights in the state of Illinois?
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