Is there an automatic termination of parental rights if a spouse moves out of state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there an automatic termination of parental rights if a spouse moves out of state?
Ex-wife and I have joint parenting agreement from divorce 6 years ago. I have residential custody and ex-wife moved to out of state. Has she forfeited her rights and left me with sole custody, by default?
Asked on March 9, 2012 under Family Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, she has not. Generally, there is no such thing as an automatic termination of parental rights under the law. A party must make an application to the court for termination. Rights under some instanec are terminated (like to inherit from the estate of a child that has been murdered by the parent) but those are really extreme circumstances as you can see. Seek legal help here for some one to explain your agreement (which needs to be read) in conjunction with state law. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.