What Should I Do if I Believe My Ex is Abusing Our Children After Our Illinois Divorce? 

 Posted on May 12, 2022 in Family Law

Spouses in Illinois often get divorced because abuse or neglect exists in the marriage. Sometimes, such behavior is directed towards a couple’s children even before the couple decides to separate. Other times, fears of child abuse may suddenly arise after a child comes back from spending parenting time with their other parent and something seems terribly wrong. Regardless of how the issue arose, it is essential to take your hunches about child abuse or neglect seriously. If you are in this situation and wondering whether the situation may justify a parenting agreement modification, read on. 

Do I Need to Show Evidence of Abuse? 

Illinois courts take allegations of child abuse very seriously. However, family court judges are also aware that spouses will sometimes make false or exaggerated claims about abuse to try to get revenge on each other, or to try to keep children away from their other parent. For these reasons, it is essential to have some tangible evidence that child abuse is taking place so something can be done. 

Sometimes, child abuse is obvious. If your child comes home from visiting their other parent and has physical injuries, or claims their parent or someone else hurt them, you may need to contact the authorities right away. But when abuse is more subtle or takes the form of emotional or verbal abuse, gathering evidence can be more difficult. Parents should be cautious about questioning their children about abuse because it may be easy to accidentally give children false memories, or to make it difficult for them to remember what really happened. Help from a therapist or other child psychological experts may be necessary to discover the truth.   

If I Am Worried My Child is Being Abused, Can I Prevent Them From Visitation with My Ex? 

It is important to note that parents cannot simply decide on their own not to send their child to designated parenting time with their other parent without possibly facing serious court sanctions. Before any modifications can be made to a parenting agreement, concerned parents must petition the court and bring evidence showing the child is in danger. A family law attorney with experience in complex post-divorce modifications can help you gather evidence and prepare an appropriate plan of action. 

Call Our Oak Park Divorce Decree Modification Lawyer

At Law Office of Vincent C. Machroli, P.C., we understand that the safety and well-being of your children are of the utmost importance. If you have concerns about your child’s living conditions with your ex, take action right away and call our experienced Oak Park custody order modification attorney today at 708-449-7404. We will do whatever is necessary to help you bring evidence of abuse to light and, if necessary, petition the court for a change in parenting time or parental responsibilities. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000