You and your divorcing spouse both love your children, and both want what is best for them, but the fact is that the stress of divorce can get in the way of this. In fact, the matter of parental responsibilities which includes both decision-making and parenting time – or what you may think of as physical and legal custody – is often one of the most contentious divorce concerns, and knowing how your efforts to protect your parental rights could be sabotaged is paramount.
Illinois courts base every child custody consideration on the children’s best interests, and many of the factors they implement have to do with each parent’s overall involvement with the children and each parent’s focus on their best interests. By demonstrating that you put your children’s best interests first, you help your case.
There is no denying that a divorce can bring out the worst in us. The stress and uncertainty can end up being more than most of us can handle, but you should know that any bad behavior on your part – including any of the following – could come back to haunt your parenting time case:
Taking the high road and resolving your concerns through your child custody attorney is always the best practice.
You can count on your spouse recording you and saving written messages in relation to your contentious case, which makes self-editing all correspondence like the following critical:
The court, of course, understands that we can all be pushed to say things we regret in the heat of the moment, but the more careful you are, the better off you’re likely to be. Additionally, while recording and filming the other party may have legal limitations when it comes to disclosure in court, it can still compromise your case.
Putting your kids in the middle of your divorce by telling tales about their other parent or voicing your own displeasure harms your children, which makes it a terrible idea. It will also fail to impress the court.
While there is nothing holding you back if you want to move forward with another relationship prior to your divorce being finalized, it could impact your custody case. Your focus on relationships outside your family could be interpreted as you being less available to your children or the relationship could be detrimental to the minor children due to the impending divorce. Even if your divorce is no fault, you are still married, and the court has the discretion to consider wrongdoing when determining child custody arrangements.
If your spouse is attempting to sabotage your ability to obtain favorable child custody terms, it’s important not to take the bait. If he or she has become too toxic to communicate with, look to your dedicated child custody attorney to do so on your behalf.
A big stumbling block that many divorcing parents encounter is failing to prioritize their child custody intentions. If you are fighting for anything and everything, your efforts are far less likely to be effective. Being open to compromise can grant you far greater leverage.
The practiced child custody attorneys at WARD FAMILY LAW – proudly serving the Chicago area – are well-positioned to help protect your parental rights – in pursuit of terms that work for your family. Learn more by contacting us today.
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