When Will a DuPage County Court Give One Parent Sole Custody?

 Posted on March 03, 2022 in Family Law

In the vast majority of cases, judges in Illinois will award both a child’s parents some parenting time. One parent may make their home the child’s primary residence, but the other is very likely to enjoy part-time custody. The reasoning is that it is usually in a child’s best interest to receive love, guidance, and emotional support from two parents instead of one. However, there are cases where spending time with one particular parent would actually be harmful to the child. In these rare cases, Illinois courts will award parenting time and decision-making rights (parental responsibility) to one parent alone.

If you believe that your child would be mentally or physically unsafe with their other parent, it is important to work closely with an experienced attorney. It can be difficult to convince a court that sole custody is appropriate. 

In What Situation Would the Court Award Sole Custody?

It is not uncommon for one parent to demand sole custody primarily to spite the other parent during a contentious divorce or split. This strategy is rarely effective - the court will want proof that spending time with the other parent would not be in the child’s interest. Courts will consider awarding sole custody only in situations like: 

• Abuse - If one parent is physically, sexually, or emotionally abusive towards the child, the court is unlikely to force a child to spend time with that parent. 

• Unsuitable home environment - The court will consider the other parent’s living arrangements. If their living conditions are unsafe or unsuitable, the court may not allow the child to visit. For example, if the parent has criminal activity taking place in their home, has had utilities shut off, has a dangerous roommate, or lives in unsanitary conditions, the court may not want the child there at all. 

• Drug addiction - If the other parent is addicted to drugs or alcohol and will not be capable of adequately supervising a child because of it, they may not be trusted to have their child visit. 

• Severe mental illness - If the mental illness is well-managed, this does not disqualify a parent from receiving parenting time. However, if the other parent has a severe and unmanaged mental illness that interferes with their ability to safely parent a child or maintain a safe living space, they may not receive parenting time or decision-making rights. 

In some of these instances, the court may still allow supervised visitation time but not home visits. Illinois courts will strive to help children maintain a meaningful relationship with both parents unless doing so would endanger the child. Be warned that while child support is likely to be awarded, actually collecting it from an unstable parent may be a challenge. 

Call a DuPage County Child Custody Attorney

If giving partial custody to the other parent would be harmful to your child, Davi Law Group will fight to protect your child by gaining sole custody for you. Our skilled Wheaton child custody lawyers are trained to identify situations where sole custody is the answer and to make convincing arguments for it in court. Call 630-657-5052 if you would like a free consultation. 

Source: 

https://www.verywellfamily.com/how-to-deal-with-visitation-safety-concerns-2997762