View Full Version : Abandoning laws in Illinois
kstark
Aug 28, 2008, 12:07 PM
My boyfriend has raised my son since he was an infant. My son's biological father has chosen to not take part in his life. The weird part of this situation is that my son's father's parents pay his child support every month. I live in the state of Illinois and was wondering if my son's father is still considered to be abandoning my son? And what that law states.
GV70
Aug 28, 2008, 12:10 PM
No-if he pays child support.
GV70
Aug 28, 2008, 12:14 PM
Child Abandonment.
(a) A person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act.
GV70
Aug 28, 2008, 12:15 PM
b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether
The child is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
(4) the duration of time in which the child was left
Without supervision;
(5) the condition and location of the place where
The child was left without supervision;
(6) the time of day or night when the child was left
Without supervision;
(7) the weather conditions, including whether the
Child was left in a location with adequate protection from the natural elements such as adequate heat or light;
(8) the location of the parent, guardian, or other
Person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
(9) whether the child's movement was restricted, or
The child was otherwise locked within a room or other structure;
(10) whether the child was given a phone number of a
Person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
(11) whether there was food and other provision left
For the child;
(12) whether any of the conduct is attributable to
Economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
(13) the age and physical and mental capabilities of
The person or persons who provided supervision for the child;
(14) any other factor that would endanger the health
Or safety of that particular child;
(15) whether the child was left under the
Supervision of another person.
(d) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
GV70
Aug 28, 2008, 12:16 PM
That's Illinois law about Child Abandonment.I cannot see an abandonment case here.