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Why Do Most Custody Disputes Happen?

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Custody disputes can be distressing and emotionally challenging for all parties involved. Any parents about to begin the divorce process must understand the underlying reasons behind these conflicts, as shedding light on what causes these disputes to occur can serve as a guide to help divorcing parents mitigate their impact. Today, we will look at the most common reasons why these disputes arise. Contact an experienced divorce attorney to secure the legal representation you need during this critical time.

Differing Parenting Styles

Everyone wants the best for their kids. It is not uncommon for divorcing parents to have strong opinions on how their child should be cared for once the divorce is finalized. At the center of many disputes is a differing opinion on how their child should be raised. Conflicting parenting styles of divorcing parents can be a huge factor in many custody disputes. Each parent may have a different approach to discipline, education, religious upbringing, healthcare decisions, and general childcare responsibilities. These differences can lead to intense disagreements and disputes over what is in the child’s best interest.

Breakdown of Communication

Like with many issues in a divorce, a lack of effective communication between parents can make things a whole lot worse, especially regarding custody. When divorcing parents fail to communicate and share information about the well-being and needs of their child, misunderstandings and disagreements can abound, leading to disputes over custody, parenting time, and more.

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What is the Role of a Guardian Ad Litem?

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IL family lawyerIn Illinois divorce cases, the role of a guardian ad litem is to represent the child involved in the case. This individual is appointed by the court to act as an advocate for the children and to offer recommendations regarding custody, visitation, and other matters related to the child’s welfare. If you are interested in how they may be pertinent to your case, contact an experienced divorce attorney to learn more about how they and your divorce lawyer could be beneficial in your situation.

Everything You Need to Know

The guardian ad litem is a licensed attorney who is specially trained in working with children and determining what is best for them, given the specifics of their situation. This is because children do not have the same capacity as adults to understand divorce proceedings’ legal processes and ramifications. The guardian ad litem, therefore, is responsible for bridging the gap between the legal system and the children involved.

The guardian ad litem’s role begins with a thorough investigation into the divorce case’s circumstances, particularly as they relate to the children. This can include interviewing the parents, teachers, medical professionals, and other parties who may have knowledge pertinent to the child’s well-being. The guardian ad litem may also conduct psychological assessments on the child to gain additional insight into their needs and preferences.

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st. charles divorce lawyer Child custody disputes during a messy divorce can be emotionally challenging for parents and children. The Illinois court system aims to prioritize the child’s best interests when determining custody arrangements, but child custody disputes can be complicated and challenging to navigate. That is where a skilled and experienced lawyer can be invaluable.

Common Challenges in Child Custody Disputes

When divorcing couples battle over child custody, they often face many complex issues, including parental alienation, false allegations, and divergent parenting styles. Through parental alienation, one parent may attempt to separate their offspring from the other, consequently damaging both relationships irreparably. False accusations of abuse can equally be destructive emotionally and legally in court cases regarding children. 

When parents have distinct perspectives on parenting their children, it can lead to tension between them and make reaching a consensus difficult.

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st. charles divorce lawyerThe end of a marriage can be a tough time, compounded by the stress and emotion associated with child custody. Understanding Illinois' laws regarding how child custody is decided is crucial to navigating this turbulent process with clarity and poise. To help you guide you through these murky waters, we will discuss key Illinois legislation on the subject and offer helpful tips for preparing for legal disputes over custodial rights.

Legal Standards for Child Custody in Illinois

In Illinois, the legal standard for determining child custody is the child's best interests. The court will consider a variety of factors when making a custody determination, including:

  • The wishes of the child, if they are of an appropriate age and maturity to express their preferences

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Tips for Illinois Child Custody Cases

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St. Charles, IL family lawyerChild custody cases are rarely simple. Unfortunately, many parents lose sight of what is really important and instead are determined to “win” at any cost. This mindset usually continues after the case is over and it can be challenging to co-parent with these types of people. If parents are unable to collaborate during the negotiations for determining the allocation of parental responsibilities and a parenting time schedule, this can have a negative impact on the final outcome of any custody agreements.

It is critical for the child’s emotional well-being that both parents focus on being the best parents for their child during these negotiations and beyond. The following are some of the issues that parents should absolutely avoid. For more detailed information about your particular circumstances, contact a Kane County family law attorney.

Do Not Let Negative Feeling About Your Soon-to-Be Ex Become a Priority Over Your Child’s Best Interests

The judge in your case does not care why you are divorcing (unless the situation involves family violence, addiction, or criminal issues). Instead, the judge has his or her focus on what is in your child’s best interest. Regardless of your feelings, never speak badly about your spouse in front or to your child.

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