Can a Parent Be Deemed Unfit in Illinois?

 Posted on March 10, 2025 in Family Law

While it may not be all that unusual for an ex-spouse to claim a child’s other parent is "unfit"  during or after custody (parental responsibility allocation and parenting time) decisions, this is not a claim that should be taken before a judge without compelling evidence. Family courts do not determine whether a parent is unfit without facts to support the assertion.

If your ex sent your five-year-old to school in his or her pajama bottoms, forgot to pick up your teen after soccer practice, or routinely lets the children have ice cream before dinner, you might consider these things bad parenting. If you take issues like these before a judge, he or she is likely to be annoyed with you for taking up the court’s time on such insignificant issues.

If the child’s other parent actually is unfit, there is a high burden of proof that will need to be met before the court agrees with your assessment. Speaking to a Geneva, IL family law attorney can help you decide whether your ex-spouse’s parenting is bad enough to get the court involved and have him or her declared unfit.

How Does an Illinois Court Determine a Parent is Unfit?

There are a few issues that could result in a court declaring a parent unfit, including:

• The parent has been convicted of a crime that proves "depravity," like sexual assault or murder.
• The parent has exhibited repeated or extreme cruelty to the child.
• There are repeated incidences involving continuous or repeated neglect of the child.
• The parent has a mental impairment or illness or an addiction to drugs or alcohol that prevents him or her from properly caring for the child.
• The parent abandoned the child.
• The parent has failed to protect the child from environmental conditions that adversely impact the child’s welfare.
• Drugs have been found in the child’s system.
• The parent has repeatedly failed to provide the child with adequate shelter, food, and clothing despite being financially and physically capable of doing so.

What Type of Evidence is Required to Support a Finding of Unfitness?

Rumors or one person’s word will not be sufficient for the court to declare a parent unfit. The burden of proof is on the person who claims the other party is unfit. If you are the parent trying to prove the other parent is unfit, be prepared to have rock-solid proof.  Acceptable evidence could include medical documents, photos, videos, police reports, texts, social media posts, or emails that substantiate abuse, neglect, or the state of the parent’s home. Witnesses to unfit parental behaviors might also be allowed if the judge believes the witness is impartial.

What if You Are the Parent Being Accused of Being Unfit?

If your ex is asserting that you are an unfit parent and you believe the motivation is retaliation or revenge, you need a strong family law attorney who can show the court that you are absolutely not an unfit parent. You need to be able to prove that you have created a relationship with your child, paid child support, and have consistently tried to visit, call, or send messages to the child. If your child’s other parent often prevents you from court-ordered parenting time or goes out of his or her way to denigrate you to the child, a judge will not consider this to be in the child’s best interests.

Contact a Kane County, IL Family Lawyer

If a court deems a parent unfit, the court may order supervised visitation or, in extreme cases, could take away all parental rights. If you are in a situation involving claims of unfit parenting, speak to a knowledgeable Geneva, IL parental responsibilities attorney. Contact Serrano Hanson & Hurtado, LLC at 630-844-8781 to schedule an initial attorney meeting to discuss your custody-related issues. We are fluent in Spanish and English.