Tag Archives: DuPage County child custody attorney

IL custody lawyerYour children are the most important thing in a parent’s life, and it is common to lash out at anything that potentially harms their child or prevents a parent from seeing their child or spending time with their child. In this case, that thing is a custody hearing. Below are some common mistakes that parents make during custody battles that can harm their chances of receiving a desirable outcome in court.

Using Social Media to Complain About the Other Parent

As tempting as it may be, using social media to publicly badmouth the other parent, that parent’s lawyer, or a judge handling the case is a recipe for disaster. Not only will it unnecessarily anger all parties target, which may in fact by your short-term goal, but it will harm your reputation, making you seem vindictive, irrational, or a bad role model.

Losing Your Temper in Court

A judge wants to place a child with a responsible parent in a stable home with a calm environment. Outbursts in court prove to the judge that you are not that person and your home is not that place.

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IL divorce lawyerNeglect is a term thrown around quite frequently in heated custody battles by one parent directed at the other. However, what constitutes neglect? Leaving a child alone for an afternoon may seem like an unwise, irresponsible thing to do in one parent’s opinion, but perfectly normal and acceptable to the other parent.

At what age is it okay to let a child walk to school? In Utah, a law was recently passed that allows “free-range parenting,” giving parents the legal right to allow their children to walk or ride their bikes to school, to play in a park unattended, or be at home alone unsupervised — all contingent on the child’s age and maturity level for the situation at hand. While Illinois has no such free-range parenting law, there is still much up for debate when it comes to what is and is not acceptable, and what constitutes neglect in the eyes of a family law judge.

Evidence of Neglect May Show That Joint Custody Is Not in the Child’s Best Interest

As you may well understand, an Illinois family judge will make his or her custody decisions based on what is in the child’s best interests, not what is in the parents’ best interests or who makes the most compelling argument about how their child loves them the most. As such, in a contested divorce, it is not unheard of for spouses to bicker about each other’s faults as a parent. Usually, these faults are benign. Forgetting to pick up a child at school once in a blue moon should have no real effect on a custody decision. However, more commonplace mishaps or egregious parenting choices can hurt that parent’s chances for custody. Being accused of neglect is a serious allegation, as it shows the court that that parent does not have what it takes

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Il divorce lawyerThe most challenging part of the divorce process almost always includes reaching an agreement regarding child custody and responsibility arrangements. No parent enjoys discussing a topic that includes a period of absence from their child’s life. For Illinois residents, the Illinois Marriage and Dissolution of Marriage Act favors the idea that a child ultimately benefits from the involvement of both parents in their life. If the court determines it is in the best interest of the child, parents may enjoy sharing time with their children every few days or every other week. On the other hand, a court may decide that sole physical custody should belong to one parent while offering the other parent a reasonable right to visitation. Is the decision random, or are there certain factors that influence the outcome?

Parental Responsibilities

Under the current laws, Illinois determines not only with whom the child resides, but also who has the decision-making responsibilities. The authority is not necessarily granted to one person or even divided evenly between the two. A judge carefully considers all information surrounding the circumstances assigns responsibility to each parent according to what they determine to be in the best interest of the child. The four main areas of significant decision-making responsibilities include:

  • Education;
  • Health care;
  • Religion;
  • Extracurricular activities.

Parenting Time

Similarly to the parenting responsibilities, judges determine a parenting schedule according to their belief of what is in the best interest of the child. Additionally, the current laws entitle a parent without decision making authorities to a reasonable parenting schedule. Factors involved in determining the allotment of parenting time include, but are not limited to:

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