What Should I Do if I Am Accused of Being an Unfit Parent?

 Posted on October 31, 2025 in Child Custody

A divorce quickly becomes tense if one party claims that the other is not fit to parent. This can have major implications for child custody and may require an investigation into the child’s home life to resolve. If you have been accused of being an unfit parent, reach out to a Wheaton, IL family law attorney for help.

At Roberts PC, we will fight to defend you against false allegations by your co-parent. Our experienced trial attorneys can develop a strategic plan to demonstrate your parenting ability, fighting for a custody arrangement that respects your rights.

The Burden of Proof in Unfit Parent Allegations

A mere accusation of being an unsuitable parent will not jeopardize your custody rights. Under 750 ILCS 5/602.7, Illinois law naturally presumes that both parents are fit to take care of their children. This means that the burden is on the accusing parent to show that you are a danger to your child, instead of you having to prove your own parental fitness.

The courts will only acknowledge that a parent is unfit if there is a preponderance of evidence (meaning it is more likely than not, based on the evidence). Our firm can work with you to anticipate your co-parent’s arguments ahead of time and build your case around them.

Can a Guardian ad Litem Investigate Allegations of Parental Unfitness?

In child custody cases, the court may only have limited knowledge of an individual family’s inner workings. To gather information about the family, the judge can appoint a special attorney known as a guardian ad litem (GAL). Alternatively, a parent could request a guardian ad litem with the court’s approval.

A guardian ad litem is a strictly neutral party who is only interested in determining the child’s best interests. The GAL does not have the power to make a ruling, but instead makes a recommendation to a judge about how custody should be handled. The GAL may conduct interviews with the child, both parents, and other parties who can provide insights about the child’s home life.

If you have been wrongly accused of being unfit to parent, a guardian ad litem can investigate the validity of your co-parent’s claims, potentially strengthening your case.

How Should I Respond to Allegations of Parental Unfitness?

False accusations can raise the temperature in your divorce, which can potentially escalate to a courtroom dispute. During this time, a family law attorney can advise you of what to do. But the best way to respond is not to engage with the accusations and avoid making decisions based on rash emotion. It is almost always a good idea to avoid contact with your co-parent outside of legal proceedings or parenting time exchanges.

Contact a Wheaton, IL Family Law Attorney

If left unchallenged, accusations about your parenting ability could impact child custody. At Roberts PC, we understand what is at stake for the accused parents in these cases. To schedule a free consultation with our Wayne, IL divorce lawyers, call our offices at 630-668-4211 today.