Is there an automatic termination of parental rights if a spouse moves out of state?

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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 9 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.


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