Surviving an Illinois Child Custody Battle

 Posted on March 17,2021 in Child Custody & Allocation of Parental Responsibility

Of all the issues that a divorcing couple must contend with, child custody is often the most contentious issue they face. Even the friendliest of divorces can quickly turn adversarial when discussions about the allocation of parental responsibilities and developing a parenting plan come into the picture. These strong emotions can make custody disputes difficult, and they can also prompt parents to make mistakes. In some situations, these mistakes can end up being the deciding factor in where the judge decides the child should live. Consequently, it is important for parents in these disputes to stay civil, stay honest, and stay persistent, so that they can have their best chance at the custody arrangement that is best for their child.

Stay Civil

Staying civil is one of the most important parts of the child custody process, and all too often parents fail to do it. While this is understandable in light of the important issues being decided, rudeness will do more harm than good. Illinois law gives family court judges a wide range of discretion to decide custody issues, with the most important factor the judge considering is what is the best interest of the child. A judge seeing one parent being uncivil to the other may not look too favorable on the offending parent, especially if the other parent stays above it.

There is also a special warning here not to be uncivil about the other parent to the children. Family courts will not tolerate this type of behavior and the detrimental psychological effect it can have on a child.

Stay Honest

Dishonesty with the court is another mistake that can land a parent in hot water during a custody dispute. Courts and lawyers have a strong set of tools to ferret out dishonesty, and if a parent’s credibility is damaged with the court, there is a probability the judge will discount any statements or claims that a parent may make in the future.

It is also crucial that parents obey all of the judge’s orders completely and not try to cover up any incidents of ignoring the orders. Not only could there be legal consequences for disobeying the order, but there is a strong chance that the judge will look at the other parent much more favorably than the one who is disobeying his or her orders.

Stay Persistent

Finally, parents in custody disputes need to stay persistent. Being civil and honest is not the same thing as being a doormat. Parents can find custody disputes emotionally draining, especially when dealing with a spouse who is not following these steps. However, calm, polite, firmness can often be the best tactic to show the court that you are a reasonable parent and that it would be in the child's best interests to live with you.

Contact a Skilled St. Charles Family Attorney

Divorce cases are not always easy, and issues of child custody can be especially difficult. However, people do not have to go through this process alone. If you are considering filing for divorce, contact the experienced law firm of Weiler & Associates, Inc. to find out how we can help. Call us today at 630-331-9110 to schedule a private consultation with one of our dedicated Kane County family lawyers.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000