Mistakes to Avoid During Your Child Custody Case

 Posted on August 19, 2020 in Family Law

All parents want to spend as much time as they can with their child, and that feeling continues even after divorce. In an effort to gain the most time possible though, parents often make mistakes that can actually hurt their child custody case and result in less time with their children. Below are some of the biggest mistakes made in these cases, as well as some tips on how to help you secure the most favorable outcome possible.

Parenting Less While Working More

Divorce is costly, and you may have many more expenses now or in the immediate future that you did not just a few months ago. Due to this, you may be tempted to put in more hours at work, but that is a mistake. The court wants to see that you are making an effort to be a large part of your child’s life and if you are working 60 hours a week, it could indicate that work is a bigger priority for you. This is not to say that you cannot work or even be extremely dedicated to your job. It only means that you should make a conscious effort to make plenty of time for your child, too.

Doing Only Fun Stuff

Parenting involves a lot of fun times and a lot of hard times, and it is important that you are there for all of them. If you are only interested in seeing your child when it is time to go to a baseball game or head out for ice cream, and you do not want to care for them when they are sick or get up in the middle of the night, it can hurt your child custody case. The court also wants to know that you are going to make any time with your child a priority, not just the fun times.

Move Out of the House

There is no hard and fast rule that says if a parent moves out of the marital home before the divorce is finalized that they are forfeiting child custody. However, it can hurt your case because many courts will want to keep the child in the same home to minimize the impact on them. If you move out, it could tilt the scales in your spouse’s favor, so remain in the home as long as you can.

Speaking Badly About Your Spouse

You may have feelings of anger and resentment towards your spouse, but you should never tell your child about them. Not only could it damage the relationship you have with your child, but the courts also want to see that you can at least be civil to your spouse so you two can co-parent together. If the court thinks that you will not act cooperatively, it may result in less parenting time for you. Always remain polite and civil with your spouse, avoid face-to-face drop-offs and pickups, if necessary, and never speak badly about your spouse to your child.

Not Speaking to an Illinois Child Custody Lawyer

There is a lot at stake when going through child custody hearings, and you may feel the negative impact of one small mistake for years to come. If you are going through a divorce that involves children, call our skilled Hinsdale child custody lawyers at the Law Office of Martoccio & Martoccio. We will advise on the facts of your case and ensure your rights are protected at all times. Call us today at 630-920-8855 or contact us online to schedule a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000