The Biggest Factors Leading to Sole Custody in Illinois

 Posted on December 05, 2024 in Child Custody

In the proceedings of a divorce, the question of child custody is one of the most pressing issues a couple can fight over. In most cases, parents can work out an amicable schedule that allows for reasonable parenting time; they may even agree on a joint custody agreement that allows the child to go between houses. However, in some cases, a judge may decide to grant one parent exclusive custody over the child or children, known as sole custody.

The allocation of parenting time and responsibilities is not taken lightly in Illinois. In general, judges prefer for children to have an ongoing relationship with both parents: however, if one parent is proven unfit, the court may ultimately decide to entrust the other parent with raising the child. Below is a non-exhaustive list of factors that could result in one parent being granted sole responsibilities over a child. Whether you are looking to acquire sole custody or contest it, a Wheaton, IL family law attorney can work hard to reach an acceptable solution.

A History of Abuse

Under Illinois law, a parent could be labeled unfit if he or she has a proven history of abuse. For this allegation to hold water, it has to be backed up with documented proof. This can include "excessive corporal punishment" such as spanking, or regular cruelty to the child. Similarly, knowingly allowing harm to come to the child also constitutes abuse, even if the parent in question did not directly inflict that harm.

Abandonment

Illinois courts take accusations of abandonment very seriously, especially in regards to newborn infants. According to Illinois law, walking out of a newborn’s life "with the intent to relinquish parental rights" is sufficient grounds for parental unfitness. This also includes abandoning a newborn at a hospital. Additionally, a parent who does not demonstrate reasonable concern for his or her child in the first month of life could be deemed altogether unfit.

Neglect

If a child’s needs are not regularly addressed by one parent, the courts are likely to avoid awarding that parent with responsibility. State law specifically mentions "substantial neglect" resulting in the death of a child as grounds for parental unfitness. In addition, a parent might be considered unfit if he or she has the physical and monetary capacity to address the child’s needs, but fails anyway.

Contact a Child Custody Lawyer in DuPage County, IL

A courtroom battle for sole caretaking responsibility of a child can be intense. If you have immediate concerns about your rights as a parent and your child’s immediate welfare, a Wheaton, IL family law attorney can assist. Attorney Dion U. Davi has over 20 years of legal experience, including several years as an Assistant State’s Attorney, and he is prepared to act as a fierce advocate for children’s needs and parental rights. To schedule a free consultation at Davi Law Group, call us at 630-657-5052 today.