Getting full custody in Glencoe and the rest of Illinois often requires parents to prove the other parent is unfit, or that full custody is in the child’s best interests. This is because courts usually prefer joint custody. However, that can change in a few situations, including when one parent is able to show that the child would be at severe risk mentally, emotionally, or physically with the other parent. A child custody attorney can advise you on how to get full custody.
Call Silberman Law Group at 312-593-0075 to talk about your situation.
Steps to Take When Seeking Full Custody of Your Child
Much is involved in seeking full custody, and parents need to understand what “full custody” means before they pursue it. Typically, it gives a parent sole decision-making authority and sole parenting time. The child lives all the time or most of the time with the parent, who has the legal authority to make all major decisions about the child’s life, covering areas such as medical care and education.
Getting full custody is not easy, and this is by design. The Illinois legal system wants both parents involved in the child’s life if this is healthy for the child. The route to full custody often includes the following steps:
Document That the Other Parent Is Unfit
The more evidence you can collect to indicate the other parent is unfit, the better. This includes:
- Police reports can show domestic violence, abuse, or criminal behaviors.
- Medical records for the child may reinforce claims of the other parent’s abuse, harm, or neglect.
- Statements or testimony from family members, teachers, neighbors, and other witnesses may back up reports of abuse or other examples of a parent being unfit.
- Videos and photos may serve as visual evidence of unfit behavior and could go a long way.
- Written documentation can include logs of when, where, and how a parent was unfit. You can also track how many meetings or activities the other parent missed, showing a lack of relationship with the child.
- Communications from the other parent can be valuable. Emails, texts, or voicemails could show abusive behavior from the other parent or a refusal to cooperate.
Getting full custody may encompass other types of evidence, such as financial records showing the other parent’s lack of contribution to the child’s needs. All of this documentation helps develop a case that full custody is in the child’s best interest.
However, it is not always clear what makes an “unfit” parent. For example, a parent who struggles financially will likely not be found unfit on that basis alone, especially if the parent is able to provide shelter, food, and care. Differences in parenting philosophies or lifestyles also may not mean a parent is unfit, unless these differences harm the child.
“Minor” legal issues do not necessarily render a parent unfit, either, although it can depend on the type of issue and how recent it is. Take a misdemeanor DUI conviction. By itself, an isolated conviction might not show a parent is unfit, but it could if it is part of a pattern of irresponsible behavior or if it endangered the child.
Show That You Are a Fit Parent
Getting full custody in Glencoe, IL, also involves proving your fitness to parent. Show that you offer the child a safe home environment and are involved in the child’s daily life. Be able to explain your child’s daily routines, health needs, after-school activities, and clothing and shoe sizes.
Focus on how full custody meets your child’s best interests, including in areas such as housing stability, mental and emotional stability, a safe environment, and better relationships between the child and other people in his or her life. While the pursuit for full custody is ongoing, stay involved in your child’s life.
Work With a Lawyer
An experienced child custody lawyer can help with getting full custody in many ways. Seeking full custody is tricky enough as is, and doing so without legal guidance is markedly more difficult. Your lawyer may be able to visualize ways for you to get full custody and handle the necessary petitions, documents, and evidence. Your lawyer also advocates for you in court and presents your case.
Attend Court Hearings
Court hearings are often necessary in Glencoe custody battles. Stay professional in court, and refrain from criticizing the other parent without evidence to back up the assertions. Work with your lawyer on your testimony and on how to behave in court. Be honest. Lying or misrepresenting the truth can damage your case and your credibility. Keep your focus on proving that full custody serves your child’s best interests.
Address Challenges
You must think ahead about what can be used against you in a child custody battle. The other side’s assertions could be completely true, completely false, or overblown or exaggerated. The other side could take seemingly minor issues, such as an arrest two decades ago, out of context and make them seem more malicious or threatening than they are. Challenges to watch out for could include:
- Financial struggles
- Substance abuse
- Mental illness
- Inconsistent parenting or presence in the child’s life
- Refusal to co-parent peacefully
Getting full custody includes being able to mitigate these risks. For example, in Illinois, 28.7% of adults report having symptoms of anxiety or depressive disorder. Parents with anxiety, depression, or other conditions can still get full custody of their children, but the process must prove that they are fit parents. Medical records can show you are proactive about managing your condition, and employment records could show stable work and income. Your counselor could attest to your ability to parent, and involvement in your child’s life may emphasize hands-on parenting.
Likewise, if the other side brings up substance abuse as an issue, you could explain that it was years ago and show proof. If it is more recent, your attorney can help you gather proof of completing treatment programs and going to support groups. Highlight your positive attributes, perhaps your ability to provide a stable home and be involved in your child’s life. Clean test results and character references can help combat accusations that are unfounded.
In a similar vein, the opposing side might claim that you are seeking full custody out of revenge, jealousy, anger, or other ulterior motives. Your lawyer can help dispel these accusations, perhaps showing that you have tried to set up co-parenting meetings that the other parent does not attend.
Factors Courts Consider in Custody Decisions
How is child custody determined? The child’s best interests are central to the court’s decision-making process. Factors influencing full custody rulings include the child’s age, health, maturity, emotional needs, and history with each parent. A network of extended family members available to support a parent and child can also be helpful. Courts assess each parent’s ability to provide care and whether the parent has a history of abusing or neglecting the child or other children.
The court may consider the child’s preference for which parent (or parents) to live with, but much depends on the child’s age and awareness of the situation. In other words, a teenager’s preferences get more weight than a 4-year-old’s.
That said, joint custody typically is the default courts prefer. This is because having two involved parents often aligns with children’s best interests. The joint custody might not be a strict 50/50 split but gives both parents decision-making authority and ample time with the child. A parent who seeks full custody needs to show that joint custody would not be in the child’s best interests.
How a Custody Lawyer Can Strengthen Your Case for Full Custody in Glencoe, IL
A child custody attorney can enhance your case for full custody in many ways. Custody laws can be complex, with the process often requiring evidence, motions, and court hearings. The bar is high for proving full custody is best or that the other parent is unfit. It is a difficult bar for people to reach by themselves. You also may have to defend yourself against attacks on your fitness to parent. Your lawyer can help you anticipate and counteract these claims.
Look for a child custody attorney who has the ability to offer representation tailored to your situation. For instance, common issues in LGBTQ family law may apply to your situation and affect how to get full custody of a child legally. They include the involvement of nonbiological parents, higher rates of substance abuse in the LGBTQ community, and higher rates of extended family estrangement.Children deserve parents who prioritize them. Contact us at Silberman Law Group today so we can talk about protecting your child’s best interests.
