What If I Don't Think My Ex Is Fit to Have Custody of Our Child?

 Posted on November 12, 2026 in Child Custody / Parental Responsibilities

The allocation of parental responsibilities – what Illinois calls child custody – covers both decision-making for your child and parenting time. If you believe your ex isn't safe to care for your child, you can ask the court to limit their role in your child's life. You'll need evidence that backs up your concerns, though, as courts begin with the presumption that both parents are fit.

A Cook County, IL custody attorney can help you understand what to ask for in your 2026 case.

What Makes a Parent Unfit for Custody in Illinois?

In a custody case, the question isn't whether your ex parents the way you would. When deciding how to divide parental responsibilities, the court considers your child's best interests. However, restricting a parent's time because of safety concerns requires proof of serious danger to the child. Under 750 ILCS 5/602.7(b), the court can't restrict a parent's time unless it finds by a preponderance of the evidence that this time would seriously endanger the child. A preponderance of evidence means something is more likely than not. The danger can be to the child's physical, mental, moral, or emotional health.

Legally valid concerns often involve:

• Physical or sexual abuse of the child
• Domestic violence in the home
• Drug or alcohol abuse during parenting time
• Serious mental health problems that affect the parent's ability to keep the child safe
• Threats to take the child and hide them
• Serious neglect, like leaving a young child alone

"Unfitness" is a high legal bar to clear. Differences in house rules or culture, even a new partner you dislike, are typically not enough to warrant reducing your co-parent's rights to your child.

What Can an Illinois Court Do if a Co-Parent Puts Their Child in Danger?

The court can reduce an unfit parent's parenting time or decision-making, or end them in very extreme cases (750 ILCS 5/603.10). A parent can be ordered not to possess or consume alcohol or non-prescribed drugs during parenting time and for a period specified by the court beforehand. The court can also require supervised visits, exchanges in a protected setting, or completion of a treatment program.

Courts tend to choose the restriction that protects the child while maintaining as much of the relationship with the parent as is safe. Supervised parenting time is a common middle ground.

How Do You Prove Your Co-Parent Isn't Fit in an Illinois Custody Case?

Your own testimony matters, but judges will want records that support it. Useful evidence can include police reports, DCFS findings, medical and school records, text messages, and witnesses who saw the behavior firsthand.

Keep a dated log of incidents as they happen, and stick to the facts. If you've reported concerns to DCFS or the police before, request copies of those reports.

The court can appoint a Guardian ad Litem to look into the case as well. A Guardian ad Litem is an attorney who investigates and reports to the judge on the child's best interests. The court can also order a custody evaluation by a mental health professional.

Avoid overstating your concerns or making claims you can't support. This can hurt your credibility. Courts consider whether each parent is willing to support the child's relationship with the other parent. Your lawyer can help you understand how to communicate your concerns to the court effectively.

What Should You Do if Your Child Is in Immediate Danger From Their Other Parent?

Always call 911 if your child is in immediate danger. You can also ask the court for an emergency order of protection under the Illinois Domestic Violence Act. This order can temporarily limit the other parent's contact with your child. An emergency order can be issued without the other parent present, and a full hearing follows later.

Call a Skokie, IL Custody Attorney Today

Worrying about your child's safety with the other parent is stressful, and your concerns deserve to be taken seriously.

Attorney Curtis Ross serves as a court-appointed Guardian ad Litem in Cook County, giving him direct insight into how these investigations work. He has practiced since 1984 and is also a trained mediator.

Call The Law Offices of Curtis Bennett Ross, L.L.C. at 312-984-1514 to schedule your free limited consultation with our Cook County, IL family lawyer.