How Can Domestic Violence Affect Parenting Time in Illinois?

 Posted on March 23, 2021 in Parenting Time

Even under the best of circumstances, divorce is difficult and stressful. While it is true that going through a divorce with an agreeable spouse can be much less taxing, both emotionally and financially, any divorce has the potential to become a high-conflict divorce. This is especially true when domestic violence is involved in a divorce, which is, unfortunately, not all that uncommon. Exposure to domestic violence and abusive behaviors have been proven to negatively impact children and even increase the chances that the children will exhibit abusive behaviors in adulthood. Because of this, Illinois takes accusations of domestic violence very seriously, especially as the situation pertains to child-related issues such as parenting time.

Determining Parenting Time With an Abusive Spouse

Every decision a judge makes in Illinois is done after carefully considering all factors pertaining to the child’s best interest. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the judge assigned to a case will make decisions about parenting time based on the presumption that spending time with both parents is in the child’s best interest. If there is abuse or domestic violence present in the household, you need to be sure to bring that to the judge’s attention so the court can address the issue appropriately.

Under certain circumstances, a judge will restrict parenting time with one parent if he or she finds that such parenting time would be damaging to the child’s emotional, physical, moral, or mental health. If it is determined that a parent has been a perpetrator of domestic violence or abuse, his or her parenting time will likely be restricted in some way. The type of restriction is often left up to the judge’s discretion; however, they will look at all relevant factors before making their decision. These factors may include things such as the nature and severity of the abuse; whether the parent has been arrested for his or her actions; whether or not criminal charges or convictions have resulted from such abuse; and/or how often the abuse has occurred.

The most favorable way of determining issues in a divorce is by coming to an agreement with your spouse, keeping the decision-making power in your hands. However, in a family that has experienced domestic violence, it is not always possible for the parents to mutually reach an agreement. In these cases, the couple typically takes the case to court where the decision-making power is relinquished to the judge.

Our Kane County Child Custody Attorneys Are Here to Help

If you are going through a divorce involving an abusive spouse, you do not have to go through it alone; the skilled legal team at the Law Office of Matthew M. Williams, P.C., can help. Our knowledgeable Batavia child custody lawyers will stand by your side throughout the process and will ensure both your and your child’s rights are protected. To schedule a confidential consultation, call our office today at 630-409-8184.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59