In Illinois, the concept of ‘child custody’ is now referred to as the ‘allocation of parental responsibilities.’ Under Illinois law (750 ILCS 5/602.5), state courts are required to “allocate decision-making responsibilities according to the child’s best interests.” As a general rule, Illinois courts presume that it is best for a child to have an active, ongoing relationship with both parents.
However, there are exceptions. Unfortunately, some parents are simply not fit to provide care for a child. This raises an important question: How do you prove someone is an unfit parent in Illinois? In this article, our child custody lawyer in Chicago explains the most important things to know about proving that a parent is unfit in Illinois.
Unfit Parent: A Concept Found in Illinois Adoption Law
An unfit parent is one who has been deemed incapable of providing adequate care for a child. It is a concept found in Illinois adoption law—not in a typical custody & visitation dispute. Under 750 ILCS 50/0.01 (Adoption Act), an unfit parent may have their parental rights terminated. The statute lists the following as some notable examples for “grounds of unfitness:”
- Abandonment
- Failure to maintain a reasonable degree of interest in the child’s welfare
- Desertion of a child for more than three months before an adoption proceeding
- Continued and repeated substantial neglect of a child
- Extreme and repeated cruelty towards a child
- Two or more findings of physical abuse of a child
- Failure to protect a child’s welfare from injurious conditions in their environment
- Other neglect or misconduct towards a child
- Habitual drunkenness or addiction to drugs
The concept of parental unfitness sometimes arises in stepparent adoption cases. If you wish to involuntarily terminate the rights of the child’s other biological parent, you may be able to do so by proving that they are an ‘unfit parent.’ That being said, this is restricted to adoption proceedings—meaning it is a potential option only if another person (such as a new stepparent) is in a position to formally adopt the child.
Termination of Parental Rights Without an Adoption Requires State Intervention
As noted above, the legal concept of “parental unfitness” is found in the Illinois Adoption Act. Outside of the adoption process, the parental rights of a mother or father can only be terminated if the state decides to intervene and take control of the process. These are often referred to as “juvenile cases.” In other words, you cannot petition directly to the court to have your former partner deemed “unfit” as part of a divorce filing. Instead, the local State’s Attorney’s office must decide to pursue the matter.
Supervised/Restricted Visitation is Another Option for Parents
If you believe your co-parent is incapable of providing proper care for your child, you have options available even if you are not able to have them declared “unfit” for the purposes of Illinois state law. Under (750 ILCS 5/600(m)), parents can seek supervised visitation. Essentially, this means that a trusted, agreed-upon third party will be present during a parent’s exercise of parenting time. The third party may be a grandparent, other relative, close friend, or even a professional.
Frequently Asked Questions About Proving Someone An Unfit Parent In Illinois
What does it mean to be an unfit parent in Illinois?
An unfit parent is someone who cannot be trusted with the responsibilities of caring for a child. This can include behaviors like abuse, neglect, abandonment, or failure to provide for the child’s basic needs.
What are the grounds for proving someone is an unfit parent?
Grounds include abandonment, extreme cruelty, substantial neglect, failure to maintain interest in the child’s welfare, failure to protect the child from harmful conditions, criminal convictions showing depravity, failure to provide adequate food, clothing, or shelter, mental impairment or illness, addiction to drugs or alcohol, and the presence of drugs in the child’s system.
What evidence is needed to prove someone is an unfit parent?
Evidence can include medical records, photographs or videos showing abuse or neglect, witness testimonies, and documentation of the parent’s behavior.
Who can file a petition to declare someone an unfit parent?
Either parent can file a petition, but the burden of proof lies with the person making the claim.
What is the process for proving someone is an unfit parent?
The process involves filing a petition, presenting evidence to the court, and possibly going through a trial. The court will evaluate the evidence and make a determination based on the child’s best interests.
What are the consequences of being declared an unfit parent?
If a parent is declared unfit, they may lose custody or visitation rights, and the other parent may gain sole custody. In severe cases, parental rights can be terminated.
Can a parent be declared unfit without a trial?
Generally, a trial is required to determine if a parent is unfit. However, in some cases, the court may make temporary orders based on emergency situations.
What role do child protective services play in proving someone is an unfit parent?
Child protective services may investigate claims of unfitness and provide reports and evidence to the court. They may also intervene to protect the child’s welfare.
How long does the process take to prove someone is an unfit parent?
The duration can vary depending on the complexity of the case, the availability of evidence, and court schedules. It can take several months to over a year.
Do I need a lawyer to prove someone is an unfit parent?
While not required, it is highly recommended to consult with a family law attorney who can guide you through the legal process and help gather the necessary evidence.
Call Our Chicago, IL Child Custody Attorney Today
Michael C. Craven is an experienced Chicago child custody lawyer. If you have any questions or concerns about what you need to do to prove someone is an unfit parent, we are here to help. Call us now or contact us online for a confidential initial consultation. With an office in Chicago, we provide family law services throughout Illinois.
(Updated 12/10/2024)
