Child Custody Cases and Unfit Parents

 Posted on December 03, 2014 in Family Law

Family law issues arise for a wide variety of reasons. Often, these emotionally charged cases create contentious issues that remain throughout the case. In some cases, these issues may even revolve around allegations of abuse or other types of familial misconduct.

When child abuse is present in your child custody case, certain legal considerations must be made. You may want to pursue a sole custody petition in court. A child custody lawyer can help you make tough custody decisions in the best interests of you and your child. An experienced family law attorney can also help you understand your rights and responsibilities throughout the process, and will advise you on the best course of action to resolve the issues you face.

Different Types of Child Custody in Illinois

In Illinois, there are two different types of child custody: sole and joint. Joint, or shared, custody means that both parents have at least some custody of the child. This does not necessarily mean that each parent has 50/50 time with the child. The exact custody split depends on the situation of the case. For example, one parent may have a majority of physical custody, while both parents share legal custody (making important decisions for the child, such as medical and educational decisions). Shared custody is very common in Illinois, and can help promote a child’s relationship with both parents.

Sole custody means that the child lives with one parent and has little or no visitation with their other parent. This may be the appropriate custody arrangement in a case that involves abuse, parental incarceration, neglect, or child abandonment. Even when sole custody is ordered, the non-custodial parent may be granted some visitation unless he or she is declared an unfit parent.

The Court’s Considerations for Custody Decisions

If you are concerned about your child’s other parent having visitation, even in a sole custody situation, you should consult with a lawyer about your options. A court can totally restrict the non-custodial parent’s visitation with the child if such visitation will put the child in danger. Endangerment to the child is one of the many factors a judge considers when making a custody determination.

Call DuPage County Custody Lawyers Now for a Consultation on Your Case

Are you considering filing for sole custody? Are you concerned about your child’s safety when he or she is around their other parent? If so, you need to consult with an experienced DuPage County family law attorneys immediately. At the Law Office of Martoccio & Martoccio, our lawyers always keep your child’s best interests in mind when crafting innovative legal strategies. Contact us now for a free, same-day initial consultation, and learn about your legal options.