What Does It Mean to Be Deemed an Unfit Parent in Illinois?

 Posted on December 31, 2024 in Family Law

Determining the allocation of parental responsibilities can be a challenging part of divorce. Working out parenting plans and parenting time can be particularly contentious for those who have already disagreed about virtually every area of the divorce. Allegations may fly back and forth about whether the other parent is a "good" parent and whether he or she "deserves" parenting time. It is important to know that Illinois courts are very clear in their belief that, in most cases, spending time with both parents is in the child’s best interests.

As such, it is a very serious matter for one parent to claim the other is unfit. If it turns out that there is no proof of a single unfit action, the court will not take such an allegation lightly. An unfit parent is one who is deemed untrustworthy to take care of a child, and there is a high bar of proof to convince a court that there is a reason to prevent a parent from spending time with his or her child.

Before one parent goes down the road of accusing the other of being an unfit parent, it is also worth considering how this will affect the child throughout his or her life. If you believe your child’s other parent is unfit, discussing this matter with your St. Charles, IL child custody lawyer is important.

What is Required to Prove a Parent is Unfit?

Declaring a parent unfit will require absolute proof of one or more of the following:

• The parent abandoned the child.

• There have been continuous or repeated incidents of substantial neglect of the child.

• There is evidence of extreme cruelty or repeated cruelty against the child by the parent.

• The parent has failed to maintain a reasonable degree of interest, responsibility, or concern for the child’s welfare.

• The parent has failed to protect the child from environmental conditions that negatively impact the child’s safety, health, or welfare.

• The parent has been convicted of a criminal offense that rises to the level of "depravity," such as sexual assault or murder.

• The child has continuously or repeatedly been denied adequate shelter, food, or clothing by a parent who is physically and financially capable of providing these basic necessities.

• The parent has a mental impairment or mental illness that prevents him or her from properly caring for the child.

• The parent has a serious addiction to drugs or alcohol that prevents him or her from properly caring for the child.

• The child has been found to have drugs in his or her system while in the other parent’s care.

A drug or alcohol addiction that is managed when the parent is around the child or a mental illness that is being managed through medication or some other method does not immediately render a parent unfit.  

What Proof Does a Court Require of a Parent’s Unfitness?

The burden of proof in such a situation lies with the parent who is claiming the other parent unfit. There must be convincing evidence in the form of:

• Police reports

• Criminal records

• Photographs or videos that clearly show abuse, neglect, or the derelict state of the home

•  Medical documentation related to mental or physical injury or illness

• Any relevant social media posts, text messages, or emails

Contact a Kane County, IL Parenting Time Lawyer

If you believe your child’s other parent is a danger to the child, a St. Charles, IL child custody attorney can help ensure the situation is handled in the most efficient way.  If you are on the other side – a parent untruthfully being painted as unfit – an experienced attorney from MKFM Law can also help.

When you choose Mirabella, Kincaid, Frederick & Mirabella, LLC, we make your family law issues as easy and comfortable as possible by having offices in Kane County, DuPage County, and DeKalb County. Call 630-665-7300 today to schedule your initial attorney meeting.