For parents going through the Illinois divorce process, one of the most important issues you will address is child custody. The statute uses the term allocation of parental responsibilities, but the concept generally refers to how parents make decisions and uphold their parental obligations regarding raising the child. As such, custody is less about where the child lives, though he or she may live primarily with one parent for logistical purposes. A key goal of allocating parental responsibilities is ensuring the child maintains relationships with both parents, so that both participate and contribute to the child’s upbringing.
However, while Illinois law generally favors co-parenting, it is not an appropriate arrangement under certain circumstances. The starting point for determining child custody is the child’s best interests, which may not be properly served if one parent engages in misconduct. A Chicago child custody attorney can advise you regarding your concerns, but you should be aware of the factors that could negatively impact your child custody rights
1. Engaging in criminal activity or abuse. The best interests’ statute is clear that violence and threats impact custody, whether against the child or a member of the household. Plus, the law includes a “catch-all” provision that allows the judge to consider any other relevant factors, so other forms of criminal activity could affect your parental rights. Just being arrested for a crime can lead to negative implications, even if you are not convicted and the activity was unrelated to your child.
2. Not complying with court orders. Any child custody, visitation, or support order is legally binding on the parties, and you must obey it or face the consequences. Willful violations and/or repeated disruptions might lead your child’s other parent to take legal action, such as:
- Requesting the court to find you in contempt, which could lead to fines, an order to pay attorneys’ fees, or other sanctions
- Asking the court to modify the child custody or visitation order
3. Refusing to cooperate with a co-parent. Another factor in the child’s best interests standard is the willingness and ability of each parent to work together on the allocation of parental responsibilities, decision making, and parenting time. Refusal to cooperate may affect custody determinations.
4. Withholding visitation. It is a common misperception that one parent can interfere with the other’s parenting time, such as if he or she is behind on child support. Withholding visitation is never the proper remedy in such a situation.
5. Creating a situation of parental alienation. You could affect your custody rights by attempting to estrange your child from the other parent through manipulation. Examples include threats, belittling, showing disrespect, and other psychological scheming.
Reach Out to a Chicago Child Custody Attorney Right Away
Whether you have concerns about your own conduct or acts by your child’s other parent, it is critical to retain skilled legal counsel to assist with child custody issues. For more information, please contact Michael C. Craven at (312) 621-5234 or visit us online. We can set up a consultation with a knowledgeable child custody lawyer who can explain the laws and legal process.
