Parents preparing for divorce in Illinois often don’t know what to expect. Uncertainty about child custody matters, in particular, may leave them feeling anxious about the future. What parents don’t know about the Illinois approach to family law matters can put them at a disadvantage during the process ahead.
For example, what parents may refer to as custody the courts refer to as the allocation of parental rights and responsibilities. The focus is always on the best interests of the children, rather than the rights or the wishes of the parents. It is common for divorced or separated parents to want sole custody but relatively rare for the courts to grant it.
When can one parent potentially secure the vast majority of parenting time and decision-making authority?
When they reach an agreement with their spouse
The easiest and surest way for one parent to secure the vast majority of parenting time and decision-making authority is to negotiate terms with their spouse. Divorcing parents always have the option of setting their own terms when filing uncontested divorces.
A parent who struggles with medical challenges, battles substance abuse issues or has a demanding career may agree that they are not in a position to regularly have responsibility for the children. Parents can secure sole custody through a mutual arrangement with the other parent. Typically, such cases involve a promise of liberal visitation rights for the non-custodial parents.
When they have compelling evidence
In scenarios where a parent does not voluntarily give up their right to spend time with the children or make decisions about them, litigation may be necessary. A parent attempting to secure the vast majority of parenting time or decision-making authority has to convince the courts that such terms are necessary for the protection of the children.
They need evidence other than their testimony that such terms are appropriate. Records of arrests, medical reports, testimony from other parties like teachers and even financial records can help parents convince a family law judge that granting them sole custody is what is best for the children.
Parents typically need strong evidence or they risk the judge viewing them as hostile to their co-parents. They may then face a reduction in their parental rights and responsibilities because the judge might believe that they intend to alienate the children from the other parent.
Having realistic goals when approaching child custody negotiations can help parents assert themselves. Sole custody is often only an option in unusual circumstances or when parents reach a mutual agreement.