Much of the time, even if the children spend most of their time with one parent after a divorce, both parents are awarded joint custody. This means that they both have input into big decisions concerning their kids, even if they only see their kids a few days per month. Getting granted sole custody means that your ex has no input. If you think that this is the best option for you and your family, a Tazewell County child custody lawyer from our firm may be able to help.
Is Sole Custody Ever Granted in Illinois?
Yes, sole custody can be granted in Illinois, but it’s not that common. Usually, the court thinks that it is in the child’s best interest to have both parents taking an active role in their life. When you get awarded sole custody, you are the only one who can make important decisions relating to education, healthcare, and religion for your child. Normally, the noncustodial parent would have some kind of input here, even if their kids do not live with them the majority of the time.
How Can I Argue For Sole Custody?
If you want to argue for sole custody, you have to show that it is in the best interest of the child. There is something about your former spouse that makes you believe that they should not have input into some of the most important decisions of the child’s life. You often have to have an argument like:
- Your ex is/was abusive toward you and your children
- Someone in your ex’s household has abused your child
- Your ex has a substance or alcohol abuse problem
- Your child’s other parent is a sex offender
- Your ex is engaged in criminal activity
- Your ex has moved too far away
You should also remember that you need evidence to back up your arguments. The burden of proof is on you, and your opinion or observation may not be enough. You’ll want witness testimony, photo evidence, police reports, and copies of communications between the two of you. Anything that can help you make your case should be gathered and shown to a family lawyer.
Can the Other Parent Still Get Visitation Rights?
Being granted sole custody does not mean that you will be the only parent in your child’s life. Visitation rights can still be granted to the noncustodial parent. If there is some kind of risk involved, then the court may ask for supervised visitation. This can ensure that your child stays safe and that the other parent still gets time with their kid, despite any issues they may be facing.
Contact Our Law Firm
If you want to learn more about your options and how our lawyers can help you fight for the best interests of your children, contact Butler, Giraudo & Meister, P.C. and schedule a consultation. We would love to tell you more about what we do for you.