Abandonment Laws In Illinois: The Basics

What are Illinois Abandonment Laws?

Abandonment laws generally apply to situations in which a person is unable to perform the duties of a trusted position, such as when a parent willingly relinquishes their role to care for a child who needs them. In other circumstances, such as when the individual leaves a deed, the term is often used to refer to the relinquishing of ownership over a property without legally transferring the property to another party.
Though there are a number of types of abandonment laws, this blog entry is primarily referring to those situations in which a person leaves an area or region and relinquishes their rights to a child.
There are many situations in which a parent would abandon their child, and the penalties often depend on a number of factors:
In Illinois, the law on child abandonment is contained within the Illinois Marriage and Dissolution of Marriage Act. This act states that abandonment occurs in situations in which a person is unable to show interest or involvement in a child for at least 12 months, which is considered as being willful.
Willful abandonment is defined under statute 750 ILCS 50/1. In it, "willful failure to discharge parental responsibilities" is outlined, denoting that failure to follow the act properly will not result in prosecution unless other conditions are met .
The government of Illinois defines parental responsibilities as not supporting or giving the child financial support, and also refers to the following activities when discussing parental abandonment.
Desertion of a minor child
Desertion of dependent child requiring special care (allows minors to be placed in guardianship)
Inference of intent to abandon by non-support or failure to maintain contact with the child
Willful failure to discharge financial responsibilities (refers to the failure to give support)
Continued residence of a parent with a new adult partner (a presumption occurs that the parent does not want the child in the home if they stay for more than 60 days with a new adult partner)
Failure to provide support for a spouse before or after divorce, if the spouse is legally entitled to the support
Abandonment of a minor by parent who plans to transfer custody to another person.
Abandonment laws in Illinois, then, can mean many different things to many different people, and as with other types of law, there are various nuances to the different categories of abandonment. For more information on these laws, and what other state statutes say about abandonment, contact the experienced attorneys at Beermann Pritikin Mirabelli Swerchek.

Abandonment of Property in Illinois

Unlike many states, Illinois courts have found that lack of possession alone does not always support a finding that property has been abandoned. Rather, where there is evidence of a "’general intent to abandon’ what is involved," the question of abandonment becomes one of fact for the finder of fact and not for the courts to decide as a matter of law. Such evidence may include unsupervised tenancies where a tenant secures a residence or warehouse but goes to reside elsewhere and leaves possessions in the property. Because "the statute does not attempt to distinguish between a ‘voluntary ouster’ and an involuntary ouster," the Illinois cases seem to treat the same regardless of the ouster’s basis. As such, the courts can determine an abandonment where the fact that a property owner has been deprived of possession (whether via foreclosure, bankruptcy or other process) no longer means the individual intends to maintain a claim of ownership. On the flip-side, even where a landowner fails for a time to possess property, if the landowner makes efforts to guard against loss or damage to the property, such as by purchasing insurance, the property may be regarded as un-‘abandoned.’ In this regard, there is a distinction where the abandonment took place during a foreclosure (deemed involuntary) versus whether a landowner simply failed to possess the property (deemed voluntary). Whereas in the former an involuntary ouster exists, in the latter, the owner is viewed as "merely acting under a lack of opportunity, power, or ability to re-enter the premises, rather than a lack of will or desire to do so."

Abandonment of a Child Under Illinois Law

"Abandonment" means to willingly give up the right to, or interest in, parental care. Abandonment of a child may occur when a parent or guardian turns their back on the child and/or fails to provide for his or her basic needs. The law states that it is illegal for a parent or guardian to intentionally leaving a child without provision for his or her care in circumstances where the child is likely to suffer physical or mental harm. Illinois considers the following people to be legal guardians of their children; biological parents, adoptive parents, parents who have been awarded guardianship or legal custody by a court of law. Therefore, if a parent or guardian were to willfully leave their child without proper care, supervision, or financial means then legal action may be taken against them. The Abused and Neglected Child Reporting Act (ANCRA) enables the Illinois Department of Children and Family Services (DCFS) to be able to investigate allegations of abandonment. According to the Illinois Compiled Statutes, the following may be considered a form of abandonment: The child is not in the care of the parents for at least 3 months The parent or guardian has neglected the child for an extended period of time The parent or guardian has physically abused the child A parent or guardian requests the child be moved to another guardian A parent or guardian has been incarcerated; thus preventing them from caring for the child A parent or guardian has a substance abuse or mental disorder which prevents them from caring for the child A medical condition of the child is known to the parents or guardians but they fail to seek medical treatment for the child The child has been put in an environment which expose them to risk of physical or mental harm The Abused and Neglected Child Reporting Act states that any teacher, social worker, school personnel, healthcare professional, minister, representative of the State’s Attorney or person who is licensed or certified (or those under their direction) can report and file an abandonment report if they have reasonable cause to believe that a child may have been abandoned. Any violation of the law can result in a Class A misdemeanor.

Abandonment of a Spouse: Illinois Divorce Laws

While not a separable ground for divorce in Illinois, desertion and abandonment are likely to be considered by a judge during divorce proceedings. Desertion is the act of willfully leaving a person; whereas abandonment means the neglect to apply normal attention to a dependent. These tactics may be used to divide assets and establish custody.
For courts to consider desertion or abandonment grounds, the following must be proven:

The one spouse left the other.
The departure was with the intention of remaining away from the spouse.
The departing spouse stayed away from the other for more than a year without any cause.
The spouse deserted the other with the intention of causing desertion or abandonment.

The court will consider the reason for the desertion or abandonment and whether the party was in a position to take responsibility for the family. In most cases, reason plays a large part of these decisions.
If either spouse can show excessive cruelty toward the other, spousal abandonment may be dictated. For this reason, divorce settlements often provide for a disproportionate division of property if one of the spouses was guilty of abandonment or desertion.
If both parties demonstrate that the other abandoned or deserted him or her, these claims might be used as bargaining tools. If both parties are guilty of desertion, a divorce may not be granted even if no other statute or grounds permitted a divorce.
During the divorce, for instance, spousal abandonment may result in asset dissipation or loss. Any earnings and savings generated by the abandoning spouse are shared equally in Illinois jurisdictions. This means that the denying spouse could end up losing even out of the money earned after the separation was initiated.

Illinois Cases and Case Law on Abandonment

The concept of legal abandonment is not new in the state of Illinois, and many cases have sought to clarify or challenge the parameters of what constitutes abandonment. In the case of Davidson v. Hines, the Court found that abandonment does not require a specific action by the abandoning parent, but instead exists when both parents are unable or unwilling to care for their children. The case set a precedent for future rulings and interpretations of abandonment, and has been cited in many subsequent cases where the status of a parent’s rights are questioned. Another notable case in the realm of legal abandonment is In Re Marriage of B-E, which challenged the even broader standard of abandonment. Although the court ultimately did uphold the definition of abandonment as it stands, the decision allowed the door to remain slightly open when dealing with cases of neglect or abuse in the home. In a more recent ruling , In the Matter of the Marriage of State and Oakley, the Court stated that it is possible for a parent to unintentionally abandon a child. Despite the lack of legal separation or direct intention of abandonment, this case broadens the circumstances under which a parent can be separated from their child. Many lawyers and advocates for children argue that this kind of precedent fosters the lack of communication and inaccuracies commonly found in cases of parental abandonment. Although it is difficult to obtain hard data on the number of abandonment cases, case law highlights the fact that the courts are highly invested in determining what constitutes a legally meaningful abandonment. No matter what the status of the parent, the court will always consider the best interests of the children.

Getting Legal Help

If You Are Involved In An Abandonment Dispute, The Next Step Is To Seek A Consultation With A Competent Attorney That Specializes In Family Law. These Attorneys And Their Offices Typically Offer Free Consultations, So There Isn’t A Lot Of Risk In Speaking With Them. If You Are Considering Hiring A Lawyer, Come To The Consultation Prepared. Bring All Of The Court Documents In Your Possession And Also Have Any Questions You May Have Written Down. Certain Questions That Are Useful To Have Prepared Include: "I Need Help Establishing Paternity For My Ex-Husband’s Child, Where Should I Start", "How Do I Get A Legal Separation", "What If I’m Paying Child Support And I Am Unable To Do So," "What If I’m Paying Child Support And The Other Parent Is Not Allowing Me To See Our Child." Attorneys Are Often Glad to Answer Questions Like These in Order to Demonstrate Their Knowledge, And You Can Then Decide If They Are The Right Person To Handle Your Case.

Conclusion on Illinois Laws Regarding Abandonment

In this article, we have taken a comprehensive look at the various abandonment laws in Illinois, including what qualifies as abandonment, how to avoid it, and what legal avenues are available to both landlords and tenants to remedy abandonment issues. It is crucial for both landlords and tenants to understand these laws and ensure compliance, as violations can have serious legal and financial consequences.
Ultimately, preventing abandonment issues requires proactive planning and open communication between landlords and tenants . For landlords, it is important to vet tenants carefully, establish clear lease agreements, and conduct regular inspections to identify any potential problems. For tenants, clear communication with your landlord and being responsible in your leasing obligations can prevent financial and legal consequences.
In the unfortunate event that you are faced with an abandonment issue, there are legal options available to you to resolve the situation, such as pursuing legal action, mediation, or negotiating a settlement agreement. Consulting with an experienced attorney can help ensure that your rights are protected and that you are able to reach a favorable resolution.