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During and After False Allegations of Abuse Against You

DuPage County family law attorneyAllegations of child abuse, both real and imagined, are sadly common in many divorce cases, as emotions run high and dirty laundry may be aired. If you lodge accusations of child abuse or domestic abuse as a part of your divorce proceeding, you must be able to back them up with evidence and be ready to take on the parental responsibilities that may come your way.

Interacting With DCFS

In Illinois, the Department of Children & Family Services (DCFS) is required by law to investigate any accusation of child abuse, regardless of its source. Even if you know at the outset that the accusation is spurious, DCFS has a legal mandate to investigate, and the law must be followed. While it is understandable that you might be offended or angry at the insinuation that you would act in a negative manner toward your children, DCFS officers might take such behavior as defensiveness. This is not to say that DCFS personnel will never make unreasonable requests. If you feel that a request or order is unrealistic or inappropriate, it is generally best to consult with your attorney.

Usually, when someone is cooperative, DCFS will conclude their investigation more quickly. During the investigation, you may be prevented from seeing your children, as the state's interest is in their safety. However, this is not a permanent state of affairs; unless confirming evidence of abuse is uncovered, you will generally be able to argue for at least joint parental responsibilities in the normal manner.

Fighting for Parenting Time If You Are Cleared

While some states have legislation in place that can actively punish a parent for knowingly making a false accusation of child abuse, Illinois, does not. (A bill was introduced in 2013 that would have imposed monetary fines or even a bar to visitation, but was adjourned sine die, or “without a further hearing date.”) Thus, if you are cleared of wrongdoing, you will almost certainly still have to argue for parenting time in the standard manner.

Be advised, however, of two facts that may prove relevant in your fight. The first is that as of 2012, it is a Class 4 felony to knowingly file a false report with any state agency, which includes DCFS. The second is that in Illinois, parental responsibilities are awarded based on the “best interests of the child” standard, which means that moral character is often a question at issue. While one Class 4 felony conviction does not immediately mean a parent is depraved, it can be a factor that a judge will weigh in terms of deciding parental responsibilities and dividing parenting time.

Ask a Family Law Attorney for Help

Allegations of child abuse are no joking matter, especially if they are unfounded. They can cause significant damage to your reputation - but the law may still be on your side in terms of being able to have parental responsibilities for your children. If you are caught in a scary situation, the Wheaton parenting time dispute attorneys at our firm are happy to help. Contact us today to set up a preliminary consultation.

Sources:

https://www.illinois.gov/dcfs/safekids/reporting/Pages/index.aspx

http://www.ilga.gov/legislation/billstatus.asp?DocNum=1019&GAID=12&GA=98&DocTypeID=HB&LegID=71464&SessionID=85

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=032500050K4

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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