One of the most emotional and complicated aspects of a high-conflict divorce is determining the terms of the minor child’s custody. When parents cannot agree or cooperate to find a mutually beneficial resolution, Illinois courts must step in and manage child custody arrangements.

Many parents in the thick of a high-conflict divorce worry about how Illinois courts handle child custody decisions. You should understand your rights and how the court determines which arrangement will benefit your child. Having this information can put you in the best position to achieve a favorable outcome for your custody situation.

 

Factors Illinois Courts Consider When Determining High-Conflict Child Custody

Working with a spouse to arrive at a fair child custody agreement can sometimes feel impossible, especially in high-conflict situations. In these instances, an Illinois court must determine the best arrangement for the child. Like other jurisdictions, Illinois uses a system that evaluates the “best interests of the child.”

The best interests of the child standard helps the courts determine which child custody arrangement supports a child’s physical and emotional well-being. This standard is applied in all divorces where children are involved, including in high-conflict divorce situations.

Factors a judge can consider when determining child custody in a high-conflict divorce include:

  • The mental and physical health of each parent
  • Each parent’s ability to meet the basic needs of the child
  • Each parent’s wishes
  • The amount of time each parent spends performing child caretaking
  • The relationship and bond between the child and each parent
  • The child’s home, school, and community background
  • Each parent’s willingness to foster a good relationship with the other parent
  • The wishes of the child, if they are mature enough to express a parental preference
  • A history of physical violence, threats, or domestic violence
  • Whether either parent is a convicted sex offender or lives with a convicted sex offender
  • Terms of a parent’s military family-care plan

 

The courts may also consider any other factor they find relevant to the unique family situation they are evaluating.

 

Navigating a High-Conflict Situation in Illinois

Resolving a high-conflict divorce and child custody situation can be complicated and emotionally draining. As a parent, you want to do what’s best for your child. Illinois courts want to do the same, allowing both parents to build and maintain a loving and meaningful relationship with a child whenever it is possible.

Navigating a high-conflict divorce and child custody case means seeking personalized legal advice and other resources to help you manage this stressful time. Ways to help you and your family get through this time include:

  • Keep detailed records – Keep detailed records of your texts, phone calls, emails, and interactions with your spouse. These records can help you build a solid child custody case, especially in situations where there is tension, disagreement, or your suspect abuse or alienation on the part of the other parent.
  • Seek legal help immediately – You can’t afford not to seek legal representation in a high-conflict divorce and child custody situation. An attorney can help you manage the legal challenges and nuances of a high-conflict divorce and support you throughout.
  • Consider professional help – A high-conflict divorce can tax you emotionally. Consider seeking help and neutral support from a mental health professional. A therapist can be a safe person to vent your feelings to and get advice about coping strategies that can help you emerge from divorce in a good emotional place.
  • Focus on your family – Divorce can be a confusing time for children. Show your children that you are a parent they can rely on and talk to when they need it. Don’t force them to open up or share painful emotions, but let them know you are there to support them and be a sounding board when they feel comfortable sharing. Avoid disparaging and speaking negatively about their other parent. Be a good role model.
  • Follow court orders – Always follow court orders and valid custody agreements. Violating a court order or custody agreement can jeopardize your standing and lead to significant legal repercussions.

 

Resolving a high-conflict child custody case takes a comprehensive and personalized approach. An experienced Illinois high-conflict divorce attorney can walk you through your legal options and protect your rights during this tumultuous time.

 

A Compassionate Illinois Divorce and Family Law Attorney Can Help

Facing a high-conflict situation can be daunting. At The Law Office of Vogel & Mourelatos, LLC, our sensitive divorce and family law attorneys advocate for you, becoming your source for customized legal advice and moral support. We’ll take the time to learn the complexities of your high-conflict situation and find legal strategies that fit your needs and unique circumstances. No situation is too complicated for our experienced family law team.

Contact our office today and set up a confidential legal consultation to learn more about your child custody options and how we can help your family.