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Issues that often impact custodial rights

On Behalf of | Nov 23, 2021 | Firm News |

Parenting plans dictate how you split the care and custody of your child after a divorce. Illinois child time-sharing proceedings encourage the active participation of both parents. If your ex has a questionable past, however, you may have concerns regarding your child’s safety when in their care.

According to the Circuit Court of Cook County, the court determines the allocation of parental responsibilities based on what it believes is in your child’s best interest.

Common issues

Past behavior often impacts parental rights during child custody proceedings. The following issues might affect the amount of involvement the court allows your ex to have in your child’s life:

  • Prior arrests
  • History of untreated alcohol or drug abuse
  • Association with known criminals
  • Allegations of domestic violence, child abuse or neglect
  • Child abandonment
  • Mental health problems

The court does not consider extramarital activities when determining custody. However, if your ex has any of these issues in their past or currently, you might decide to fight for full custody.

Corrective measures

Full disclosure of the current situation and history of issues is essential when addressing the court. Taking action and providing evidence of these issues in court may help you limit the time your child spends with the other parent. Do they have a history of addiction or mental health issues? Entering a treatment program indicates a willingness to make the changes needed.

Based on the situation, the court may require home inspections, supervised visitation and other steps. If your ex fails to adhere to the court’s dictates, you may get custody orders changed and the current parenting plan modified.