Child Custody

What Should I Do If I Think My Child Isn’t Safe with Their Other Parent?

The fear that your child isn’t safe when you send them for their time with their other parent is a dread no parent wants to face. This worry can be paralyzing, leaving you feeling helpless and panicked. At SLG Family Law, we’ve guided many families through these gut-wrenching situations. It is critical to know that you are not powerless; there are legal steps you can take to protect your child.

If you believe your child is in danger, you can and should take immediate, strategic action. This involves:

• Documenting your concerns methodically.
• Understanding the legal grounds you have and don’t have for intervention.
• Seeking an emergency court order when necessary.
• Working with an experienced family law attorney to guide you.

Taking decisive, informed steps now can make all the difference in protecting your child’s safety and well-being.

How Do I Know If My Child Is Truly in Danger?

You should start by documenting every incident that causes you concern, as your intuition is often the first sign that something is wrong. While gut feelings are important, a court needs concrete evidence of legally recognized dangers, such as abuse, neglect, substance abuse by the other parent, or an unsafe living environment. Write down dates, times, specific behaviors, and any statements your child makes. This documentation is critical because it transforms your worries into credible evidence that can support your case in court.

Can I Refuse to Send My Child to Their Other Parent If I’m Worried?

No, you generally cannot refuse to send your child for court-ordered parenting time without risking legal consequences yourself. Withholding visitation, even with good intentions, can backfire and may lead a judge to see you as uncooperative. Instead of taking matters into your own hands, the correct approach is to ask the court for an emergency custody order or a modification of visitation. An attorney can guide you through this formal, legal route, protecting both your child and your own parental rights.

What Should I Do If My Child Is in Immediate Danger?

You must call 911 or local law enforcement if you believe your child is in immediate, life-threatening danger. If you suspect abuse or neglect but the threat is not immediate, you should report your concerns to the Illinois Department of Children and Family Services (DCFS). These agencies are equipped to intervene swiftly to protect your child’s short-term safety, which then allows the court system to address long-term custody arrangements.

How Do I Get Emergency Custody in Illinois?

To get an emergency custody order, you must file a motion with the court and prove that your child is facing imminent physical or emotional harm in their current environment. Courts in Illinois look for compelling evidence of a dangerous situation, such as recent threats, proven substance abuse, or severe neglect. An attorney can help you file the motion quickly and present your evidence in a clear, persuasive manner that meets the court’s stringent requirements.

What If I’m a Grandparent or Relative Who’s Worried?

Grandparents and other relatives can sometimes petition for custody in Illinois if both parents are deemed unfit or unsafe. To do so, you must meet specific legal requirements and demonstrate that the child’s health, safety, or welfare is at risk. The court’s primary focus will always be the child’s best interest, so your case must be built on solid proof that the parents are unable to provide a safe home.

Act Fast to Protect Your Child

Feeling scared is a natural reaction when you think your child is in danger. However, there are powerful legal tools available to protect them. The key is to act quickly but strategically, avoiding mistakes that could weaken your position.

You do not have to carry this burden alone. Consulting with an attorney at SLG Family Law will help you take the right steps to put your child’s safety first. Contact us today for a confidential consultation.