Modifying Child Custody Due to Neglect

 Posted on October 24, 2024 in Child Custody

Just as your former spouse may have changed after you got married - which may have led to your divorce - he or she can continue to change after the marriage ends. Your formerly neat and tidy spouse might stop caring what the house looks like and allow conditions to become so unsanitary that your children are visibly dirty and wearing clothing that smells horrendous when you pick them up. Your formerly cautious spouse might get into a new relationship and start leaving your young children unattended to go out drinking. When you find that your children are no longer safe and well cared for when they are with your ex-spouse, it may be time to seek a modification to your child custody order so you can protect them. A Kane County, IL child custody lawyer can help you work towards a modification.

Why Calling DCFS Alone May Not Help 

Calling the Department of Children and Family Services to report child neglect or abuse without filing for a change in custody may not produce the results you want. While your ideal outcome would be for DCFS to remove your children from your co-parent’s custody and place them with you, this is very unlikely.

First, DCFS only removes children when there is immediate danger to them. This is a very high threshold. Second, DCFS does not intervene in family law matters - they may well tell you to file for full custody and do little else. Third, you may also be implicated for failing to protect your children from your co-parent, even if you cannot legally withhold your children due to your existing custody order. Always consult a lawyer immediately if you feel that dropping your children off with your co-parent would endanger them.

What You Can Do if Your Co-Parent is Neglecting Your Children 

You can ask the court to modify your existing parenting plan so that your children will not be left in the care of your ex-spouse. If the neglect began after your old order was issued, this is likely to constitute a substantial change in circumstances that would allow the court to change your parenting plan. The court may order supervised visitation only or no parenting time at all for the neglectful parent. In the meantime, you can: 

• Make sure your children have a phone and know to contact you immediately if they are alone and scared or feel unsafe for any other reason.
• Talk to your children’s teachers, babysitters, and other trusted adults to see if they have noticed anything amiss. 
• Document any evidence of neglect you have. 

Contact a Batavia, IL Child Custody Modifications Lawyer 

Experienced Kane County, IL child custody attorney Van A. Larson will do all he can to help you keep your children safe. The [[title]] is committed to protecting children during and after their parents' divorce. Contact us at 630-879-9090 for a complimentary consultation.