How Can I Protect My Child From an Abusive or Neglectful Parent?

 Posted on March 28, 2019 in Child Custody

Although countless studies have shown that children are happier and mentally healthier when they have a relationship with both parents, there are times when a parent may be causing them harm. If you are trying to protect your child from an abusive or neglectful parent, there are steps you can take to modify custody and visitation agreements following your divorce. You will bear the burden of proving that your child is in danger when with their mother or father, but sometimes, it is in the best interests of the child to be removed from a harmful situation. 

What Situations Are Considered Abusive or Neglectful?

According to the Child Welfare Information Gateway, there are many situations in which child custody may be modified due to an inappropriate or dangerous environment a parent’s home. The following are some examples of abuse which can come from a parent or any other family member, especially those responsible for caring for the child or living in the home with the child:

• Causing a child physical injury or allowing it to happen
• Torturing or allowing a child to be tortured
• Punishing a child excessively
• Sexually abusing a child or allowing others to do so
• Selling or giving a child a controlled substance or alcohol
• Causing physical or emotional trauma to a child

Examples of neglect at the hands of a caregiver include:

• Not providing a child with proper food or drinks
• Not taking a child for proper medical care
• Not providing a child with proper clothing and/or shelter
• Not supervising a child as needed to prevent injury or trauma
• Not protecting a child from exposure to drug use

Of course, there are countless other possibilities and examples of abuse and neglect, even within each of these categories. If you feel your child, or any child, is being abused or neglected, it is your duty to report it to the proper authorities. In Illinois, almost everyone, regardless of occupation, is legally a “mandatory reporter of child abuse and neglect.”

How Can a Family Law Attorney Help?

Although there are some clear cut cases of abuse and neglect, there are also often a number of gray areas and blurred lines. Also, the accusations will have to be serious, and there will have to be proof in order to make modifications or place restrictions on a person’s parenting time. Usually, the word of the child is not enough for the courts to go on. Most attorneys will advise you to keep records of incidents and any proof that you may be able to gather, so that you may build a case.

Contact an Experienced Cook County Child Custody Attorney

The attorneys at Wakenight and Associates, P.C. are experienced in resolving custody matters, and we can provide you with the representation you need when requesting a change to protect your child from abuse or neglect at the hands of their other parent. Contact a knowledgeable Oak Park family law attorney to discuss the details of your case. Set up a free consultation by calling our office at 630-528-0734.

Sources:

https://www.childwelfare.gov/topics/systemwide/laws-policies/state/?CWIGFunctionsaction=statestatutes:main.getResults