Could I Lose Custody for Briefly Leaving My 10-Year-Old Alone?

 Posted on April 27, 2025 in Family Law

Perhaps you and your ex have resolved the majority of parenting issues during and after your divorce. You are the parent with primary parental responsibilities, while your ex has parenting time every other weekend and on alternating holidays. On a Friday afternoon, your elderly mother, who lives only a couple of blocks away, calls you in a panic because she cannot find her prescription medications.

You are expecting your ex-spouse to pick up your ten-year-old son in about an hour. Since your son is currently doing his homework and getting ready for the weekend with his dad, you decide you will just run to your mother’s home to help her find her medication and be back before your ex-spouse arrives. Unfortunately, this is the day he arrives early to find your son alone in the house.

Although you try to explain the situation when you return, he is angry and threatening to take you back to court and show that you are an unfit parent. This is a situation that requires the experience of a Will County, IL family law attorney who can ensure your case is effectively presented to the Judge.

What Does Illinois Law Say About Leaving a Child Alone?

The state of Illinois has stricter laws than most other states regarding when a child can be left alone. Under state statutes, a child must be at least 14 years old to be left at home alone. A parent who leaves a child who is younger than 14 at home alone could potentially be charged with child neglect. Before the situation escalates, attempting to talk to the child’s other parent about why the child was alone can be helpful.

The other parent needs to know that leaving the child alone is not a regular occurrence; rather, it was a one-time thing. Remaining calm during the discussion is important, but if the other parent remains adamant about returning to court to change the current parenting plan, there is little that can be done other than consulting an attorney and preparing for the hearing.  

It is important to note that the Illinois statute specifically states that a child under the age of 14 cannot be left unsupervised for "an unreasonable period of time." If a parent routinely leaves a twelve-year-old alone while he or she goes to the local casino, it is unlikely a judge would consider this "reasonable." If, however, the parent had a one-time emergency that required leaving the child for less than 20 minutes, a judge would be unlikely to consider this neglect.

If a child under the age of 14 who is left alone suffers injury or harm, the parent could be charged with a Class A misdemeanor or even a Class 3 felony, depending on the circumstances. Courts are unlikely to agree to hear arguments for a custody modification if two years have not passed since the original order, unless the child is in real danger of harm.

Filing a Motion to Modify Parental Responsibilities

If one parent believes the child is at risk of harm because the other parent routinely leaves him or her alone, a motion to modify parental responsibilities can be filed. If the Court believes it is in the child’s best interests, a hearing will be scheduled, and both parents will have the opportunity to present their side of the issue. If the Court agrees that the child is at risk, the allocation of parental responsibilities may be changed. During the hearing, if the Court is not persuaded that the child was ever at risk of harm, the Judge may decide to leave the current parental responsibilities and parenting time in place.

Contact a DuPage County, IL Child Custody Lawyer

This is not a time to hesitate; contact a Lisle, IL parental responsibilities attorney from SpyratosDavis LLC to ensure you are properly represented. Our firm is focused on creating smart, workable strategies for families. Call 630-810-8881 to schedule an initial attorney meeting.