Protecting Your Custody Rights During Divorce

 Posted on June 26, 2024 in Child Custody

Navigating the process of divorce when you are also a parent is among the most difficult things any parent can go through. Protecting your custody rights is crucial to ensure your children’s well-being and maintain a strong and supportive relationship with them. Protecting custody rights begins with being proactive. If you are wondering what to do first, contact a lawyer to lead you through the divorce and Illinois custody process.

What do Illinois Custody Laws Say?

Understanding the framework governing custody in Illinois is important to effectively protect your rights. Under Illinois law, the term “custody” has been replaced with “parental responsibilities,” which includes both decision-making responsibilities and parenting time.

The court’s primary concern is the best interests of the child. To determine the child’s best interests, the court will consider factors like the child’s needs, each parent’s ability to meet those needs, and the child’s relationship with each parent.

Document Your Involvement with Your Child

When dealing with a custody case, having a well-documented history of your involvement in your child’s life can be incredibly beneficial. Keep a detailed record of how much time you spend with your child, the activities you engage in together, and how you contribute to your child’s well-being. This documentation can be invaluable in demonstrating your active and beneficial role in your child’s life.

Prioritize Communication with Your Ex-Spouse

Remember that while he or she may be your ex-spouse, that person is still a parent of your child. As a result, effective communication with your ex-spouse is critical. Aim to maintain a respectful and cooperative relationship, as your ability to co-parent effectively will likely be a significant factor the court will consider. Use platforms like email or messaging apps to ensure your communications are clear and documented. Focus on your child’s needs and avoid conflicts that could complicate your custody proceedings.

Consider Mediation Instead of Going to Court

Illinois courts prefer that parents resolve custody disputes amicably through mediation rather than courtroom litigation. This is because mediation is a process which allows both parents to work together with a neutral third party to reach a mutually agreeable solution. Since the outcome is mutually agreeable, it often leads to better outcomes for both parents and children. So, if possible, consider mediation as a first step before heading to court.

Be Careful What You Post Online

If you are a social media user, understand that your online presence can impact your custody case. For instance, if you post yourself partying until all hours of the night on a regular basis, this may hurt your credibility as a responsible parent. Since what you post can be used against you in court, be extra cautious about what you are posting.

Contact Our DuPage County, IL Divorce Lawyers

Remember, your proactive efforts today can go a long way toward eventually obtaining a custody agreement and divorce settlement you can be happy with. Contact the respected Wheaton, IL divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a confidential consultation today.