Can my husband terminate parental responsibilities and avoid visitation?

Full question:

My husband has been diagnosed as bi-polar (12/06). Before this he had an episode where he had an affair, filed for divorce from me (which he has dropped) and fathered an unwanted child from the married woman he had an affair with. It is my understanding that since she was married at the time of conception and not legally separated from her husband the state will assume that her now ex-husband is the father and hold him accountable for child support until they prove otherwise. If paternity is established and my husband is the father, he does have the right to terminate his parental responsibilities which would still involve paying child support but not require any visitation, correct? Since we already have three children to support and he is the sole provider for our family, can the court order him to pay the full amount to this other woman for child support? I know the court can but how likely is it that the court would take away from the other children to pay for another one?

• Category: Divorce
• Subcategory: Child Support
• Date: 04/07/2025
• State: Illinois

Answer:

The court can order either parent to pay child support based on the child's needs. In Illinois, child support guidelines determine the presumed amount of support. However, the court can deviate from these guidelines if it finds that applying them would be inappropriate. Factors considered include:

• The financial resources and needs of the child
• The financial resources and needs of the custodial parent
• The standard of living the child would have had if the marriage had not dissolved
• The child's physical and emotional condition and educational needs
• The financial resources and needs of the non-custodial parent

If the court deviates from the guidelines, it must explain its reasons and state the amount that would have been required under the guidelines. Additionally, any child support order must include provisions for the child's health care coverage.

Regarding termination of parental rights, this is a legal action that relieves a parent of all responsibilities and rights concerning the child. Your husband may have the option to terminate his parental responsibilities, which would still involve paying child support but not require visitation.