You’ve probably heard of the woman who was arrested after her 10-year-old son was seen walking a whole mile away from the home while the mother and her other son were out of the home. Many parents are wondering if it’s now illegal for them to allow their children to walk around. And some parents may wonder if this may suggest that their ex should have a little less custody after all.
The Details Will Matter
While stories like this get a lot of media attention, it’s important for readers to understand that new sources thrive off engagement. Outlandish headlines and conveniently-left-out facts spark outrage and drive readers to share the story with others. When you see stories about parents being arrested for something paltry, remember that you may not be getting the full story, and the details will likely matter a lot. Letting your fourteen-year-old walk down the road to go play at the park is a lot different from letting your four-year-old walk alongside the freeway. There’s not much out there discussing the area where the 10-year-old was walking around. We don’t know if he was walking around in an area with high-speed limits and lots of traffic. The safety of the area will matter, as well as the time of day. For example, allowing your child to walk around outside late at night when you live in an area with a high crime rate, would be more likely to be seen as neglectful.
Arrest vs Conviction vs DCFS Involvement
A police officer can arrest a person if the officer merely suspects a crime has occurred. That doesn’t mean that the crime has occurred, and that jail time is imminent. In this specific case, prosecutors have chosen to file charges against the mother, but that doesn’t mean that this case will actually go to trial. There may be a plea deal, or the charges may be dropped entirely. DCFS does not have the authority to make arrests or file charges. DCFS is simply interested in ensuring that the children within the home are properly cared for. If your child is given large amounts of independence—especially if such independence is inappropriate for their age—someone could make a report with DCFS, who may investigate and attempt to work with your family to come up with a plan to ensure the parents are meeting their child’s mental, physical, and emotional needs.
So…Can Your Kids Walk to the Store?
Whether or not you can allow your child to walk to the store without triggering a DCFS investigation will depend on a lot of factors. First, you’ll want to make sure that there aren’t any laws in your state forbidding it. You’ll also want to consider the area you live in and the distance between your home and their destination. It’s also important to consider your child’s route: are they going to need to walk alongside roads where cars are driving by at 60 miles per hour? Is there a sidewalk? Is it located in a safe part of town? The weather conditions may also help you determine whether or not it’s acceptable for your children to walk.
Will DCFS Take Your Kids?
There are no shortage of nosy neighbors who think that their way of parenting is the only way to parent. If you are being accused of neglecting your children, and DCFS shows up at your house to investigate, you may need to cooperate with their investigation eventually. While you may not have to speak with them on their first visit, they can come back with an order from the court. It is unlikely that DCFS would show up randomly and take your children on the very first visit. However, your children could be removed if the investigator has reason to believe that your child is in physical danger, or you have continuously failed to adhere to the parenting plan DCFS has outlined. If you have concerns about the amount of attention your child is getting while they’re at your ex’s house, you may need to speak with an attorney who can advise you on what you can do to help keep your child safe. While DCFS may be the answer, it might be in your best interest to consult an attorney before getting DCFS involved.
When You’re Getting Divorced
If you’re getting divorced or dealing with any issues related to custody, CoilLaw is here for you. Our team of attorneys have the knowledge and experience to fight for your rights and get the best outcome possible. If you’re getting divorced, contact us to get started on your consultation.
