The 5 Biggest Mistakes Made During Child Custody Battles

 Posted on November 22,2024 in Allocation of Parental Responsibilities

Illinois has changed the term "custody" to refer to the allocation of parental responsibilities. Visitation is now parenting time, and the parent with primary custody is now the primary residential parent. While the terms have changed, the goal remains the same—to ensure that everything concerning a divorcing couple’s children revolves around the best interests of the child.   

What each parent wants will have little impact on a judge. He or she is concerned with allocating parental responsibilities to ensure the child’s interests are best served. While this all sounds civil enough, the portion of divorce that deals with children is often the most contentious, drawn-out battle of the entire divorce.  Because of the emotions involved in divorce, parents can lose sight of what is best for their children.

They may refuse to obey court orders or have entirely unrealistic expectations. An experienced Batavia, IL allocation of parental responsibilities lawyer from The Law Office of Matthew M. Williams, P.C. can help you obtain the outcome you desire, so long as it aligns with your child’s best interests. Below are the five biggest mistakes parents make during the allocation of parental responsibilities portion of the divorce.

One Parent Withholds Access to the Child from the Other Parent

If you and your spouse have separated and filed for divorce but are unable to come to agreements about such things as the division of assets, spousal support, or custody issues, a judge will be involved in these decisions. If your spouse tells the judge that you are refusing to allow him or her to see the children, the judge will not take this lightly.

Absent a reason that involves the safety of the child, the court could even give your spouse temporary custody until final orders are in place. Orders made during the divorce are meant to be temporary, meaning the final orders may be different. The judge will consider whether either parent has unreasonably denied the other access to the couple’s child.

One Parent Makes Negative Comments About the Other During the Divorce

Your child is not your therapist, and even if the child is a teen who can be told more about the divorce than a younger child, you should always avoid denigrating your ex in front of your child.   You could be accused of parental alienation, plus saying negative things about your spouse to your child can damage the child’s relationship with his or her other parent.   

One or Both Parents Share Too Much on Social Media

The best thing you can do during your divorce is stay away from social media. The most innocent photo or posting on social media can come back to bite you in ways you cannot imagine. Lawyers are allowed to scan social media accounts as a way of giving their own clients an advantage. Do not give them this advantage.

Lying About a Drug, Alcohol, or Other Problem from the Past

If you have any skeletons in your closet, be upfront with your attorney about them, and then let the attorney decide how to present those issues in the best light. Never lie to your attorney about this – or about anything. It will likely come out in court anyway, leaving your attorney scrambling to mitigate the damage.  

Trying to Handle Custody Decision on Your Own in Court

This is absolutely not a time that you want to skip having an attorney. Judges are unlikely to cut you any slack when you represent yourself, plus you probably do not have the necessary knowledge about the laws surrounding the allocation of parental responsibilities. If you do have the knowledge, it is unlikely you know the best way to present your arguments for a successful outcome.

Contact a DuPage County, IL Allocation of Parental Responsibilities Lawyer

When you have a highly skilled St. Charles, IL allocation of parental responsibilities attorney from The Law Office of Matthew M. Williams, P.C., you have the best chance of a positive outcome. Our firm focuses on mediation and collaborative divorce to make the process more amicable. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule your initial consultation.