What to Know About Regaining Child Custody Rights

Our legal team understands how devastating it can be for a parent to lose child custody rights. However, this decision does not have to be permanent. To learn about how you can work to regain child custody rights, continue reading.

How is child custody determined in Illinois?

Illinois courts will consider the following factors listed in the Illinois Marriage and Dissolution of Marriage Act to determine child custody:

  • The wishes of the parents
  • The wishes of the child
  • The interactions and the relationships between the parents and the child
  • The child’s adjustment to his or her home, school, and community
  • The mental and physical health of both the parents and the child
  • Whether abuse has occurred either to the child or to any other person
  • Whether the parents have the ability to cooperate
  • The living situation of the parents
  • Whether either of the parents is a sex offender

What are the reasons a parent would lose child custody for?

Illinois courts will choose not to award custody to a parent for the following reasons:

  • Abuse
  • Abandonment
  • Non-compliance with court orders
  • Lack of parental involvement
  • Physical, psychological, or sexual abuse
  • Significant substance abuse problems
  • Severe cruelty
  • Mental impairment
  • Failure to provide the child with acceptable food, clothing, or shelter despite having the ability to do so
  • History of violent and sex-based criminal offenses
  • Failure to protect the child from danger

Can I win child custody back?

If you wish to win child custody back, the first step you will need to take is to become aware of the reason behind the court’s decision to take away custody. If this reason is something that you can address, you may be able to do so in an effort to regain custody.

For example, you may have lost your custody due to a substance abuse problem. You may want to take substance abuse courses among other work to prove to the court that you are working on acknowledging and acknowledging the issue that led to the loss of custody.

It is essential that you retain the services of an experienced Tazewell County child custody lawyer who will assist you during this process. Our attorneys will assist you in targeting the issue that led to your custody being revoked. Our team will also help you to file an appeal or request an evaluation of your custody arrangement.

To learn more about this process, contact our Tazewell County family law attorney.

Contact Our Experienced Illinois Firm

At Butler, Giraudo & Meister, P.C., our divorce lawyer will help you navigate the divorce or family law matter you are facing. We provide effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support. Contact us today.

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