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What Makes a Parent Unfit in Illinois?

 Posted on December 21,2023 in Child Custody & Allocation of Parental Responsibility

St. Charles child custody lawyerDetermining if a parent is unfit in Illinois occurs often in divorce cases, especially divorces that are complex or contested. As you work to create a child custody agreement, you may want to present evidence that your soon-to-be ex-spouse is an unfit parent. An Illinois child custody lawyer can help you explore your options if you wish to pursue full custody of your child due to an unfit parent.

Factors That Make a Parent Unfit

During a divorce, emotions are high, and many parents may want to try their best to win a child custody case. All accusations must be investigated, and there are several factors that courts and attorneys look for to determine if a parent is truly unfit and unable to care for their child correctly.

Factors or dangerous parenting that make a parent unfit include:

  • Neglecting a child or treating a child with cruelty
  • Abandoning a child
  • Engaging in substance abuse around a child
  • Failing to prevent a child from coming to harm
  • Not attending to a child’s well-being
  • Being convicted of a serious crime such as sexual assault or assault
  • Having a condition or disorder that makes them unable to care for a child properly

If you believe that your ex-spouse is an unfit parent, you need to meet with an attorney to discuss your child custody agreement. Evidence and solid proof of a parent’s behavior is necessary to accuse them of being unfit in court and potentially win a child custody case.

How Can I Prove an Unfit Parent?

Proving an unfit parent is essential if you want to ensure your ex-spouse is not allowed to parent your child or be included in a child custody agreement. False accusations do occur, especially in heated divorces, which is why it is essential to collect evidence and document behaviors that make a parent unfit. Take photographs and videos of questionable or dangerous behavior when possible, keep all police and medical records, and save calls, text messages, or other online communications that can help back up your case for an unfit parent when presented in court.

Contact a St. Charles, IL Child Custody Attorney

Putting your child’s best interests first in a divorce may mean presenting evidence that your spouse is an unfit parent. This process can be difficult, and you will need to present evidence to show your child’s other parent is unfit. A skilled Kane County, IL child custody lawyer at Weiler & Associates, Inc. can help you with this process. Call 630-331-9110 to discuss your options.

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