When Is a Parent’s Absence Considered Abandonment in Illinois?

This question came from one of our users:

"If my son's father disappeared during my pregnancy then popped up the day after he was born then disappeared 3 months later and it's now been a year since he's seen, contacted, or did anything for my son but we're waiting on our court date, is it considered abandonment?"

Child abandonment occurs when a parent or guardian fails to fulfill their responsibilities, leaving the child without proper care or support (Legal Clarity). It is important to remember that if you are facing child abandonment, there are significant legal repercussions due to the immense legal and emotional implications.

This is a challenging time in the lives of both the child and the parent, and the Court has procedures that, if met, can result in a case of child abandonment.  

An extended absence is a key indicator of child abandonment (Legal Clarity). Without justifiable cause, a parent leaves a child for a significant period during which the parent does not maintain contact or provide care for the child. This could range from three months to a year, depending on the jurisdiction of the cause (Legal Clarity).

The Court will consider whether the absence is voluntary or not, but most importantly, it will verify if the absence is deliberate (Legal Clarity). This means that there should be some effort from one parent to get the other parent to engage with or in the child's life. But if the absence is voluntary and not triggered by any particular circumstance, this would qualify as an indicator of child abandonment.  

The second key indicator is failure to provide support. Failure to provide financial or material support is the second critical factor for child abandonment (Legal Clarity). Neglecting to provide basic needs such as food, shelter, and clothing from either parent would meet the qualifications of the second key indicator that leads to child abandonment in the eyes of the Court.  

Disregarding communication with the other parent and or child is the final key indicator of child abandonment. A lack of consistent and significant contact between the parent and/or the child. The Court will see this as the last key indicator to open and review a case for child abandonment and an opportunity to intercede amongst the neglected party or parties.  

The Court will do a detailed evaluation of the conduct of the parent or parents who abandoned their child. The judge will consider evidence, witness testimony, documentation of the parents' absence, and records of any financial support, as well as any lack thereof.

The Courts will assess the intent behind the parent's behavior, determining if this abandonment was due to incarceration or illness, which would be weighed against the legal standard of abandonment (Legal Clarity).  

Potential legal consequences and ramifications of child abandonment are very severe. Including but not limited to the termination of parental rights and having the child replaced with another guardian or a ward of the state (Legal Clarity). Abandonment can also result in criminal charges, depending on the circumstances, with some states realizing it as a misdemeanor or a felony (Legal Clarity). 

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Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.