Five Tips for Handling Custody Disputes in an Illinois Divorce

 Posted on March 27, 2022 in Child Custody

Divorcing your spouse is tough and comes with many complex decisions, especially if you share children. If you and your spouse are both active parents in your children's lives, it can be hard to determine custody when splitting up the family. Often, this can lead to a contested divorce where partners can not agree on how to divide parenting time and custody. If you are currently dissolving your marriage with your partner and find yourself in a sticky situation disputing custody, these five tips may help you.

Think About Your Parenting Strengths and Weaknesses

Parents must try to remain neutral when thinking about custody by keeping the children's best interests in mind. Parents should think about their own strengths and weaknesses and determine what would be best for the children. For example, if your spouse is way more active with the kids, but you are more of an authoritarian parent, consider letting your spouse parent over the weekends while you manage school days. Being honest is the best road to follow during a custody dispute.

Do Not Talk Badly About Your Partner to the Kids

No matter what you think of your soon-to-be ex-spouse, keeping the rhetoric to a minimum when your kids are around is essential. Trash-talking your spouse in front of the kids can leave lasting emotional effects for all family members, including your children. A judge in your custody case may also see this as bad parenting, leading to you losing your chances of custody.

Document Your Interactions With the Kids

By documenting your daily interactions as a parent, you can present your parental duties to the judge in your case to advocate for yourself. Suppose a judge is trying to determine the best placement for the children during a contested custody dispute. In that case, they will usually consider how much parenting time each parent already dedicates to the children daily. Keeping a log of your parenting time before the custody agreement may allow your lawyer or the judge to have tangible evidence of your parenting abilities.

Have an Open Dialogue With Your Spouse

When determining custody, it is in your best interest to maintain an open dialogue between you and your spouse. During a contested divorce, many couples are unable to communicate whatsoever. This can wind up leading to more issues in the future. For example, if you cannot express that you and your spouse can communicate to a judge, co-parenting options may be off the table. Once again, try to think of what is best for your children.

Consider Mediation

If tensions are high between you and your spouse, you can opt for legal mediation. Mediation during a divorce can be chosen by the spouses or ordered by the court. This option can provide a neutral third-party mediator trained with communication skills to help resolve the custody dispute.

Speak with a St. Charles Child Custody Attorney

At Weiler & Associates, Inc., our experienced Kane County divorce lawyers are skilled in handling complex divorce issues such as custody disputes. We can help spouses work through custody battles and provide mediation techniques for couples. Call us today at 630-331-9110 to schedule a consultation with our office.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000