Involuntary Termination of Rights Illinois

[Single_Mom1217]

I am 21 years old, in college, and raising my 1 1/2 year old alone. His biological dad hasn't contacted me or seen my son in over a year and has only seen my son a total of like 4 times before that. He lied at child support hearing and said he wasn't working, since he gets paid under the table, and didn't show up to the last support hearing. He also wrongfully claimed my son on his taxes and then gave that money to his girlfriend who he has an 11 month old son with. I want to withdraw my child support order and instead have his rights terminated so I can change my son's name, and have him be adopted when i get married without any issues. I do get state assistance because I live on my own at school and only work part time. I also have a long term boyfriend whose been in my son's life since he was a month old, and has helped to support him physically, emotionally, and financially. However, since we are both young, marriage wouldn't happen until I graduated college so I know he couldn't legally adopt my son until then, which he has said he wants to do. I was just wondering how i go about starting the process to get the rights terminated and if i have a solid case or not? Any help is greatly appreciated!

[Dogmatique]

The State of Illinois won't terminate his rights until there is a stepparent willing to adopt.

Sorry.

[Single_Mom1217]

even if he has had no contact or anything? and i dont know where he is?

The only reason i really want his rights terminated is to change my son's last name since he's in daycare now, and will be in school eventually. is there a way to go about that without his bio dads consent and without having to terminate his rights?

[Dogmatique]

You can absolutely petition the court. Dad will need to be at least notified; if you don't know where he is you may be able to notify him via publication but if you need to go that route an attorney is recommended.

Quick question though - if you're getting married at some point are you going to have to change his name again? It might be easier to just deal with things as they are and not poke the sleeping tiger, if you will.

[Single_Mom1217]

I would hope to get married some day, my boyfriend and i have talked extensively about it but i know nothing in life is a guarantee, and if he adopted him then yes i would change his name again...i see where you're coming from completely, and i've gone back and forth on this for awhile because it is a lot to deal with on top of work and school

[Dogmatique]

I can only imagine

But honestly, at the end of the day kiddo really isn't going to notice too much. Many kids in his class are going to have different last names than those of their parents; it's just the nature of blended families these days.

In fact, in 1st grader grandson's class, I think there are only about 9 kids in total who DO share their Mom's last name!

[PQN]

As far as the taxes are concerned, you file claiming your son. If dad lied on his tax return, the IRS will take care of that issue.