Adoption of Mariya N., 2025 IL App (5th) 250586-U
Five-Year Abandonment Supports Parental Rights Termination
Illinois appellate court affirmed termination of parental rights where mother had no contact with children since 2019 despite completing drug treatment. Court applied manifest weight of evidence standard. Parents must maintain documented contact and actively pursue relationship, not just complete rehabilitation programs.
Facts
Devon N. and Jessica N. sought to adopt two children where Devon was the biological father and Erica W. was the mother. Erica had no contact with the children since 2019 despite completing drug court treatment. The Christian County Circuit Court terminated Erica's parental rights and granted the adoption.
Issue
Whether the trial court's finding that mother was unfit due to failure to maintain reasonable interest and 12-month noncontact was against the manifest weight of evidence.
Holding
The appellate court affirmed, finding the mother's five-year abandonment and minimal contact attempts supported unfitness findings. Completion of drug treatment without documented efforts to reestablish relationship was insufficient to preserve parental rights.
Key Reasoning
- Manifest weight of evidence standard gives deference to trial court as fact-finder
- Mother's admitted lack of contact since 2019 with only one message after drug court completion demonstrated abandonment
- Distinguished In re Syck where mother made repeated contact attempts and sent gifts
- DCFS involvement and guardian ad litem reports supported children's stability with petitioners
Practical Impact
For Petitioners
Document all instances of noncontact, compile school records and stability evidence, obtain GAL reports supporting child welfare
For Respondents
Maintain verifiable regular contact through calls, texts, letters, and gifts; promptly file visitation petitions and document any obstruction
When This Applies
Applies when parent has extended period of noncontact; distinguished when parent makes documented attempts at relationship maintenance
Statutes Cited
Citation Network
This Case Cites
- In re Syck
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