Many who are embroiled in a child custody dispute hope to gain maximum custody of their child to include parenting time (where a child resides) and parental responsibility (the authority to make important decisions for a child). Parents facing contested custody of a child in a divorce may employ various strategies to win child custody in a divorce.
A Child’s Best Interests in a Custody Determination
The child’s best interests are first and foremost when a court makes a child custody determination, so it is important to show how one living arrangement is better for a child over another which can start by contrasting the pros and cons of each living situation and how a child’s interests would be better served by primary placement at one location over another or that one parent is more equipped to make important decisions for the child.
Tips to Win Primary Placement and Legal Custody of a Child
Parent Availability – One example may include looking at one parent’s frequent travel for work or long hours and how that compares to a parent who is largely available to a child, who may also live in the community where the child attends school, has family and friends, or attends extracurricular activities.
Parent Child Bond – It is also important to point out if a parent enjoys a closer bond with the child, which may be the parent who has given the child the most attention, time, and nurturing over the years. Although a relationship with both parents is typically beneficial for a child, a court may consider who a child is most comfortable with when deciding where they will reside and who is knowledgeable enough about the child to have their best interests at heart when making consequential decisions o the child’s behalf.
Demonstrated Commitment – It is crucial for parents in a custody dispute to demonstrate that they are an active participant in their child’s life to be viewed favorably. Non-custodial parents in a divorce should continue to communicate with their child by phone or electronically, attend school functions, volunteer to take a child to appointments or offer transportation to other activities. They should continue to adhere to the visitation schedule and pay child support on time to demonstrate to the court their unwavering commitment to the child.
Safety and Security – The home environment should be adequate in terms of space for the child and the overall living situation should be safe, supportive and secure with an eye toward age appropriateness. A parent should be able to demonstrate they have adequate finances and the determination to provide for a child’s basic needs such as food, clothing, shelter and emotional support.
Issues of Neglect and Abuse in a Child Custody Determination
Of course, there are many factors when deciding what is in a child’s best interests. If there are significant and substantiated incidences of alcohol abuse, mental or physical illness that present significant difficulties to providing care for a child, the court may decide that it is in a child’s best interest to award primary placement to one parent.
If a parent seeking custody has genuine concerns about the child’s well-being while in the other parent’s care, but is lacking evidence, it is important to keep records of the negative goings-on. For example, if the other parent denigrates or threatens the other parent, or shows poor judgment in the presence of a child, it is important to document the incident and share your concerns with the court.
When a parent believes that a child is being abused or neglected by the other parent, gathering evidence such as medical records showing physical or mental decline, or school records showing a marked decrease in performance or behavior, might signal abuse or neglect. Having testimony from neighbors, friends, teachers or others that can back up a parent’s concerns can also help.
Contact an Experienced Illinois Child Custody Lawyer
When you are facing contested child custody, working with an experienced Illinois child custody lawyer is crucial. Contact Attorney Ronald L Bell & Associates P.C. for to discuss strategies to win child custody in your divorce at 847-495-6000.