Suspect Child Abuse or Neglect By Your Ex During Parenting Time

One of the hardest things as a divorced/separated parent is knowing or suspecting that your child is being abused while visiting the other parent. You may know something is going on with your child, but if you cannot prove it, what do you do?

You Need Some Kind of Evidence

What exactly is that?

If your child says that a person hit her in the eye and the child has a black eye, then the black eye can corroborate the statement. If there is no corroboration, then the statement does not come into evidence.

When there is psychological trauma to your child, you will likely need the assistance of a therapist to get this information before the court. You still have the hearsay problem, but at least a medical professional is assessing your child. One problem parents face when they suspect abuse, is to start questioning the child. If you do this, you will most likely sabotage any hope you have of proving abuse.

Why is it Wrong to Talk to My Child About the Neglect or Abuse?

There are trained professionals that know how to properly question children and you are best leaving that to a professional so you do not get a statement from your child that is inaccurate.

What Can I Do if I Suspect Child Abuse?

Do I have to Send My Child on Her Parenting Time?

Section 603.10 states in relevant part as follows:

(a) After a hearing, if the court finds by a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child’s mental, moral, or physical health or that significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child. Such orders may include, but are not limited to, orders for one or more of the following:

  1. a reduction, elimination, or other adjustment of the parent’s decision-making responsibilities or parenting time, or both decision-making responsibilities and parenting time;
  2. supervision, including ordering the Department of Children and Family Services to exercise continuing supervision under Section 5 of the Children and Family Services Act;
  3. requiring the exchange of the child between the parents through an intermediary or in a protected setting;
  4. restraining a parent’s communication with or proximity to the other parent or the child;
  5. requiring a parent to abstain from possessing or consuming alcohol or non-prescribed drugs while exercising parenting time with the child and within a specified period immediately preceding the exercise of parenting time;
  6. restricting the presence of specific persons while a parent is exercising parenting time with the child;
  7. requiring a parent to post a bond to secure the return of the child following the parent’s exercise of parenting time or to secure other performance required by the court;
  8. requiring a parent to complete a treatment program for perpetrators of abuse, for drug or alcohol abuse, or for other behavior that is the basis for restricting parental responsibilities under this Section; and
  9. any other constraints or conditions that the court deems necessary to provide for the child’s safety or welfare.

Can I seek to have the parenting supervised?

If You Suspect Child Abuse, Talk to a Family Law Attorney


When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!