What If My Ex Has Custody and I Find My Children Alone?

 Posted on July 25, 2024 in Child Custody

Imagine that you are a dad who received parenting time during the divorce. You have your three young children—two, five, and seven—every other weekend, while your ex has primary physical custody. Legal custody is shared between the two of you. Up to this point, there have been no serious visitation problems. You take the children home on a Sunday evening, and halfway back to your own home—an hour away—you realize your seven-year-old left his backpack in your car.

You immediately turn around, knowing he needs the backpack for school. When you pull into the driveway, you do not see your ex’s car, so assume she took the children out. As you set the backpack inside the front door, your three children run to greet you. Your stomach drops as it dawns on you that the children are alone.

What do you do? Call your ex? Load up the children and take them back to your home? Before you do anything that could potentially jeopardize your visitation rights, take a breath—and call your lawyer. There is no substitute for advice from an experienced Rolling Meadows child custody lawyer, so if you can reach your attorney, do not skip this step.

Is It Against the Law to Leave a Child Alone in Illinois?

The state of Illinois is one of only three states in the U.S. that have a law stating an age under which a child may not be left home alone. The age in Illinois is 14; when a child younger than this is left alone, the parent may be charged with child endangerment. Illinois law defines a neglected minor as one under the age of 14 whose parent (or other person responsible for the minor’s welfare) leaves the minor without supervision for an "unreasonable period of time."

While an "unreasonable period of time" is not specifically defined, another Illinois law that deals with child abandonment removed the specific age, relying on circumstances surrounding the abandonment. If it is determined that a child has been abandoned for 24 hours or more, the charge is increased from child endangerment (a Class A misdemeanor) to child abandonment (a Class 4 felony).

Circumstances a judge would consider for abandonment purposes include:

• The age of the child
• Any special needs of the child
• How many children were left and for what length of time
• The location and condition of the place where the child was left
• The time of day or night
• The weather conditions
• Where the parent was during the time the child was left
• Whether the child’s movements were restricted
• Whether the child had food and water
• Whether the child was left alone because of economic hardship or illness of the parent

How Will Leaving a Child Alone Alter Custody and Visitation?

In the example above, the father does not know where the mother went, why she left the children, how long she intends to be gone, or whether this is normal. The mother could have quickly run next door to make a phone call and may never have left the children before. On the other side, the mother may regularly leave the children once the dad drops them off to spend time with her friends. She may feel they are safe because the seven-year-old is mature and can call her if there is a problem.

The first thing the dad must do is to find out the answers to these questions. If the dad were to take the children to his home without notifying the mother, it could adversely affect his visitation rights. So, in this situation, the best thing for him to do is remain calm, try to call the mother, then try to contact his attorney while waiting for the mother to return. If it turns out that leaving the children alone is a regular occurrence, the attorney can file a petition to modify custody based on these new facts.   

Contact an Arlington Heights, IL Visitation Problems Attorney

Should you find yourself in a situation like the one above, it is crucial that you contact an experienced attorney to discuss your situation. When you have a skilled Rolling Meadows visitation problems attorney to guide you through the necessary process of altering child custody and visitation orders, you can rest easy knowing every legal requirement is met. Contact Law Offices of Donald J. Cosley at 847-253-3100 to schedule a free consultation.