Can Accusations of Child Abuse Affect Child Custody Proceedings?

 Posted on November 06, 2023 in Child Custody

Domestic violence is no laughing matter and is especially egregious when it involves children. Illinois courts pay special attention to domestic violence claims in determining the allocation of parental responsibilities. Domestic violence has a habit of escalating inside the home and, as such, is not particularly healthy for a child’s development and overall well-being. A good attorney can make all the difference in the fight for the safety and prosperity of you and your children during divorce proceedings.

The Allocation of Parental Responsibilities

Both decision-making and parenting time must be decided in court to allocate parental responsibilities. Decision-making refers to the overall responsibility of significant decisions for your child. Parenting time refers to your child’s legal residence and how much time the child will get to spend with either parent.

An Illinois judge will consider many factors when determining the allocation of parental responsibilities. The most determinant factor, of course, is what is in the best interest of your child. Other factors include:

• What the child wants
• What the parents want
• The parent-child relationship of both parties
• How well the child will adjust
• The physical, mental, and emotional health of the child and the parents
• A history of violence or abuse by either parent

What Does Illinois Consider Domestic Violence?

Domestic violence in Illinois is considered the injury, threat of harm, harassment, or unlawful restraint of a member of the household or family member. Illinois considers a family or household as:

• Individuals related by blood
• A married or previously married couple
• Co-habitual individuals
• Parents with a child in common
• A couple who is currently or was once in a relationship

How Does Domestic Violence Impact the Allocation of Parental Responsibilities?

The impact it can have is on a case-by-case basis. Both sides of the divorce must notify the judge of any issues of domestic violence, protective orders in place, or if parental rights have already been terminated previously. If the judge feels either parent would endanger the mental, physical, or emotional health of the child, then they may choose not to grant them parenting time.

A judge can restrict or revoke the rights of a parent if they feel:

• The parent may abuse or endanger the child
• The parent may choose to use parenting time to harass another family member or member of the household
• The parent may decide to hide or keep the child from the other parent
• The parent may act inappropriately with the child

The judge may still grant an allegedly abusive parent parenting time if they feel the child is adequately safe from harm. The judge can also order supervised visitation between the alleged abusive parent and the child until the judge feels it is no longer required.

Contact a Kendall County, IL Allocation of Parental Responsibilities Attorney

The endangerment of a child is something that the Illinois courts take very seriously. The The Law Office of Matthew M. Williams, P.C. is ready to fight to ensure the safety of your children. Whether you are the accuser or a parent who stands falsely accused, you will want an experienced Oswego, IL child custody lawyer on your side. Contact our office for a reasonably-priced consultation at 630-409-8184 today.