Five Reasons Someone Could Lose Their Parental Rights in Illinois

 Posted on July 18, 2025 in Child Custody

Losing parental rights is one of the most serious outcomes a parent can face in Illinois. Many parents worry about how certain behaviors or life circumstances could affect their ability to regularly see their children. However, it is important to understand the difference between losing custody or visitation and having your parental rights terminated entirely.

Termination of parental rights means you no longer have a legal relationship with your child. You cannot make decisions about their upbringing, and you are no longer obligated to support them financially. Termination is rare and usually only happens when the court believes it is absolutely necessary to protect the child’s best interests. If you are worried you are facing termination of your parental rights, you need a Batavia, IL parenting rights attorney right away.

What Could Cause a Parent to Lose Their Rights?

Illinois law provides several grounds for terminating parental rights under 750 ILCS 50/1. Here are five of the most common:

First, a parent may lose their rights if they abandon the child. Abandonment means failing to maintain any meaningful contact or relationship with the child for an extended period, usually without a valid reason such as military service or severe illness.

Second, extreme or repeated child abuse or neglect can result in termination. If a parent physically, emotionally, or sexually abuses the child, or allows such abuse to occur, the state may step in to sever parental rights permanently.

Third, parental rights may be terminated if a parent has a serious substance abuse problem and refuses or fails to seek treatment. In many cases, the court gives parents opportunities to address these issues before taking such a drastic step.

Fourth, a parent who is incarcerated for a long period, especially if they fail to maintain a relationship with their child while in prison, could face termination proceedings.

Finally, failure to make reasonable efforts to support and maintain a relationship with the child can be a basis for termination. This includes both financial support and emotional or physical presence in the child’s life.

Understanding the Difference Between Custody and Parental Rights

Many parents confuse the loss of decision-making authority or visitation with termination of rights. Losing custody means the other parent has the authority to make important decisions for the child. Losing visitation means you may not see your child regularly. In both cases, you are still the child’s legal parent. Termination of parental rights goes much further, severing all legal ties between you and your child.

Contact a Batavia, IL Child Custody Lawyer

If you are concerned about losing your parental rights, it is critical to seek legal guidance. A Kane County, IL child custody attorney at Van A. Larson Law, P.C. can help you understand your rights and fight to preserve your relationship with your child. Call us at 630-879-9090 today to discuss your case.