5 Ways to Sabotage Your Child Custody Case

 Posted on August 29, 2019 in Child Custody

If you are going through a divorce with children involved, you will also have to go through child custody proceedings. Child custody, which is known as the “allocation of parental responsibilities” in Illinois, is one of the most emotional and hotly contested aspects of any divorce, since there is a lot on the line. In order to give your case the best chance of success in court, you should be sure to know what to do and what not to do. If you are currently going through a custody battle, make sure you avoid making any of the following mistakes that could sabotage your case:

1. Try to Alienate Your Children From the Other Parent

During a divorce, one parent may try to influence the other parent’s relationship with the couple’s children. He or she may not allow the child to call the other parent during visits, or he or she may speak badly about the other parent to the child. While this type of behavior is common in divorce cases, the courts do not view it favorably. A judge will typically view alienation as damaging to the child, and he or she may choose to restrict the parental responsibilities or parenting time of a parent who engages in parental alienation.

2. Yell at Your Spouse or Children

People sometimes “play dirty” during divorce proceedings, and your ex-spouse may go so far as to record your conversations. If you yell at or belittle your ex-spouse or child in any way, this can have a very damaging impact on your child custody case. While recordings made without your permission are not admissible in court, the mere existence of a record of your behavior can be damaging to your case. The only way to make certain that this type of behavior will not affect your relationship with your children is to never yell at your spouse or children or become violent in any way.

3. Move in With a New Partner

Children need time to adjust after a divorce, and they may sometimes require months or even years to come to terms with their new situation. While you may be ready to move on with your life once you have separated from your ex-spouse, you should typically try to hold off any plans for relocation until after the divorce has been finalized. The courts understand that divorce is a very confusing time for children, and being introduced to a new partner of their parent can make this process even more stressful and difficult for them. Even if you are dating someone while your divorce proceedings are ongoing, you will likely want to wait to introduce him or her to your child until the divorce is final. In most cases, you should also take some additional time before planning to begin cohabiting with your new flame.

4. Fail to Pay Child Support

During the divorce process, you may be required to pay temporary child support, and you are required by law to make the payments the court has ordered. If you fail to do so, you can be held in contempt of court. Additionally, failure to meet your obligations without good cause may impact the court’s decisions about parental responsibility and parenting time. In order to ensure that you reach a favorable outcome to your child custody case, you should make all court-ordered payments on time and in full.

5. Fail to Work With a Hoffman Estates Divorce Lawyer

The best way to ensure your child custody case is successful is to speak to an experienced divorce lawyer as soon as you or your spouse files for divorce. By hiring an attorney, you will have a legal advocate fighting for you and looking out for your best interests throughout the entire divorce process.

If you are going through a divorce, contact the Law Office of Nicholas W. Richardson, P.C. at 847.873.6741 to schedule a free consultation. Our skilled Mt. Prospect child custody attorney can help you resolve disputes as quickly as possible, and he will negotiate aggressively while working to protect your rights and help you achieve a positive outcome to your case.

Resources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000