Issues That Can Impact Your Child Custody Rights

2 Jul
2019

When parents do not get along, child custody proceedings can become contentious. These proceedings can be nerve-wracking under any circumstances, as any final orders issued have the potential to impact your relationship with your child and your rights as a parent. This is particularly true if there were problems in your past which you fear the other parent may try to use against you. The following outlines are some of the most common issues that could impact your child custody rights and the steps you can take to protect yourself. 

Considerations in Child Custody Cases

In the past, there was a common presumption in child custody cases that children belonged with their mothers. As a result, the courts were more inclined to automatically award moms full custody while granting fathers periodic visitation. This is no longer the case. Under guidelines provided in the Illinois Statutes, the court encourages joint parenting plans which allow both parties to be active in the child’s life. They are also more inclined to rule in the fathers favor if there are issues with the mother that could potentially put the child in jeopardy. 

When parents do not get along, it is not uncommon for past behaviors to be brought up in child custody proceedings. Issues that could potentially impact your parental rights and the amount of involvement you have in your child’s life include: 

• A history of untreated drug or alcohol abuse;
• Prior arrests and association with known criminals;
• Mental health problems which are currently untreated and have caused you to do harm to yourself or others in your past;
• Child abandonment and situations where you left the child in the care of others for long periods of time;
• Allegations of domestic violence in which you were the perpetrator;
• Allegations of child abuse and neglect. 

Protecting Your Parental Rights

If any of the above has been an issue in your past, it is important to disclose it to our Chicago divorce attorneys. Steps you can take to keep these issues from jeopardizing your parental rights in child custody proceedings include: 

• Getting treatment for addiction and any mental or physical health issues;
• Cutting ties with people of low moral character;
• Complying with all court requirements if you have been charged with a crime;
• Complying with treatment plans, home inspections, or other requirements that result from involvement with the Illinois Department of Children and Family Services (DCFS). 

Our Chicago Child Custody Attorneys are Here to Help

At the Women’s Divorce & Family Law Group, we work with you to prevent past actions from impacting your current rights as a parent. To discuss the options in your situation, contact our Chicago area child custody attorneys to request a consultation. 

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There are many factors to consider when contemplating divorce, and a pre-divorce planning session can help you begin to plan for a divorce. Please contact the professionals at the Women’s Divorce & Family Law Group by calling (312) 585-6604 or clicking here to schedule a consultation.