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When Can Child Custody Be Challenged in Illinois?

 Posted on October 21, 2020 in Child Custody

DuPage County divorce attorney child custody

In most cases in which a child has two known, living parents, Illinois courts will determine that it is in the child’s best interest for both parents to share custody. In fact, in 2016, the state of Illinois changed the laws and language surrounding child custody so that the term “custody” is no longer officially used. Instead, these decisions are now referred to as the allocation of parental responsibilities and parenting time, out of recognition of the benefits of a cooperative arrangement. However, there are still situations in which a parent or another party acting on the child’s behalf can legally challenge the other parent’s rights to parenting time and parental responsibilities.

When Can a Parent Be Denied Parenting Time or Responsibilities?

First and foremost, an Illinois court will seek to establish a parenting agreement that serves the child’s best interests. It may be considered in the child’s best interests to restrict or deny one or both parents’ rights to parenting time and decision-making responsibilities if the parent:

  • Has committed or threatened physical violence against the child

  • Has abused the child, the child’s other parent, or another member of the household

  • Is a convicted sex offender

  • Lives or cohabits with a convicted sex offender or someone who otherwise poses a danger to the child

  • Abuses alcohol or other drugs in a way that interferes with parenting abilities

  • Has significantly interfered with the other parent’s rights without good reason

  • Has used parenting time to bring the child in contact with another parent who has legally been denied it

  • Has willfully abandoned the child

  • Has otherwise put the child’s physical, mental, or moral health or emotional development at risk

The consequences for a parent who commits one of these acts can include restricted or supervised visitation, a requirement to abstain from using drugs or bringing the children into contact with certain people during parenting time, a required bond to ensure the parent returns the child after parenting time, court-ordered participation in an abuse or drug or alcohol treatment program, or the reduction or outright elimination of parenting time and parenting responsibilities.

Contact a Lombard, IL Child Custody Lawyer

At A. Traub & Associates, we represent clients on both sides of child custody disputes. We can help you gather and present evidence that another parent’s time and responsibilities should be restricted, or help you defend yourself against claims that you pose a danger to your child or that it is not in the child’s best interest to spend time with you. We understand how harrowing and emotionally challenging these cases can be, and you can rely on us to treat you with compassion. Contact our experienced DuPage County family law attorneys today at 630-426-0196.




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