Neglect and How It Is Used in Custody Battles

 Posted on June 20, 2019 in Family Law

Neglect is a term thrown around quite frequently in heated custody battles by one parent directed at the other. However, what constitutes neglect? Leaving a child alone for an afternoon may seem like an unwise, irresponsible thing to do in one parent’s opinion, but perfectly normal and acceptable to the other parent.

At what age is it okay to let a child walk to school? In Utah, a law was recently passed that allows “free-range parenting,” giving parents the legal right to allow their children to walk or ride their bikes to school, to play in a park unattended, or be at home alone unsupervised — all contingent on the child’s age and maturity level for the situation at hand. While Illinois has no such free-range parenting law, there is still much up for debate when it comes to what is and is not acceptable, and what constitutes neglect in the eyes of a family law judge.

Evidence of Neglect May Show That Joint Custody Is Not in the Child’s Best Interest

As you may well understand, an Illinois family judge will make his or her custody decisions based on what is in the child’s best interests, not what is in the parents’ best interests or who makes the most compelling argument about how their child loves them the most. As such, in a contested divorce, it is not unheard of for spouses to bicker about each other’s faults as a parent. Usually, these faults are benign. Forgetting to pick up a child at school once in a blue moon should have no real effect on a custody decision. However, more commonplace mishaps or egregious parenting choices can hurt that parent’s chances for custody. Being accused of neglect is a serious allegation, as it shows the court that that parent does not have what it takes

Examples of Neglect That Can be Used in Divorce Court

According to Illinois statute 325 ILCS 5/1, the following acts constitute child neglect:

• Failing to provide necessary nourishment or medical treatment to the child;
• Failing to provide necessary clothing or shelter to the child;
• “Abandoning” a child; and
• Subjecting a child to a dangerous situation or blatantly disregarding one’s caretaking responsibilities, and by doing so the child is exposed to a situation that is likely to result in harm.

However, a parent who has not displayed criminal negligence can also be viewed as an unfit parent in a custody battle. Less blatant forms of child neglect can also harm a parent’s chances of receiving a favorable custody decision.

Contact a Hinsdale Child Custody Attorney Today

Allegations of child neglect are taken very seriously in custody decisions. If you have been accused of child neglect, or you believe the other parent is unfit to care for your child, you need to contact a talented DuPage child custody attorney today. Call the Law Office of Martoccio & Martoccio at 630-920-8855 to schedule a free consultation.

Sources:

http://www.abajournal.com/news/article/utah_is_said_to_be_the_first_state_to_legalize_free_range_parenting

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1460&ChapterID=32