At What Age Can a Child Be Left Alone in Illinois?

 Posted on December 31, 2024 in Family Law

Suppose you and your spouse are divorced co-parents of your two children, ages seven and nine. One day, you go to the other parent’s home to pick the children up for your parenting time, and you find them alone. Your alarm increases when the children nonchalantly tell you they stay alone "all the time." You try to remain calm as you call your ex and ask why the children are alone. Your ex tells you it’s "no big deal" and that they had to run to the store to get a few items.

To avoid an argument, you do not press the issue further, but now the incident has morphed into something you constantly worry about. What if something should happen while the children are alone? Is it even legal to leave children that young alone? Because you and your ex have managed to have a friendly co-parenting arrangement so far, you are hesitant to make a big deal out of it but cannot shake your worry.

If you find yourself in a similar situation, you should first attempt to talk to your former spouse calmly, letting him or her know you are not comfortable with the children being left alone. If your ex reacts defensively and refuses to stop leaving the children alone, knowing what Illinois law says about leaving children alone can be helpful. Your next step should be to speak to a Wheaton, IL child custody lawyer.  

What Does Illinois Law Say About Leaving a Child Alone?

Illinois has fairly strict laws on when a child can be left alone. Under Illinois statutes, a child must be at least 14 years old to legally be left at home alone. A parent who leaves a child younger than 14 at home alone could be held liable for neglect.

The statute specifically says that the parent of a minor under the age of 14 who is left unsupervised for an "unreasonable period of time" without regard for the safety or welfare of the minor can face criminal charges of neglect or child endangerment.

Depending on the severity of the situation and whether the child suffered injury or harm, the offense could be charged with a Class A misdemeanor or even a Class 3 felony. Illinois has the highest age requirement for leaving a minor alone of any state in the U.S.

Should You File for a Modification of Parenting Time?

If the child’s other parent refuses to stop doing something that could potentially harm the child, the child could be in danger. While Illinois courts usually require at least two years from the original divorce decree or last custody order modification, if the child is seriously endangered, the court will hear a motion to modify before two years. As always, the main concern of family court judges is the child's best interests.

Filing for a modification requires the filing of a Motion to Modify Parental Responsibilities. Notice must be given to the other parent of the motion to modify. A hearing will be scheduled, and both parents will be given the opportunity to present their positions on the issue.

The court may change the allocation of parental responsibilities in favor of the petitioning parent. The court might also decide to leave the current parental responsibilities in place while admonishing the parent for leaving the child or children alone. Since this could be a safety issue for the child and is against Illinois law, the outcome depends on a variety of issues.  

Contact a DuPage County, IL Child Custody Lawyer

If you believe your child is in danger when he or she is with the other parent, it may be necessary to file a modification of parenting time. When you choose a Wheaton, IL visitation attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC, you have chosen a strong legal advocate who can help you make the best decisions for your child. MKFM Law has offices in DuPage County, Kane County, and DeKalb County for your convenience. Call 630-665-7300 to schedule an initial attorney meeting.