Ekker Law, P.C. / Steven B. Ekker, Esq.

Things Not to Do in an Illinois Child Custody Case

 Posted on March 22, 2022 in Divorce

Kane County divorce attorneysSome of the most contentious issues in an Illinois divorce have to do with child custody, the allocation of parental responsibilities, and parental rights. It is understandable that emotions and anger levels may become high between the two parents, but it is important to let your divorce attorney handle these issues. Until a solid parenting plan is agreed upon, it is important to remember the following “do nots” in your case.

Do Not Put Your Child in the Middle

Although it is important for parents to have honest conversations with their child about the divorce and what changes this may mean for the family, this should never be done at the expense of the other parent. Focus on your child’s feelings, fears, and needs and not on what your opinions are of your soon-to-be ex.

Do Not Withhold Visitation or Child Support

One of the most egregious actions in the eyes of the court is when a parent uses their child to get back at the other parent. When one parent blocks access to the child or withholds child support, the person who is the victim and suffers the most is the child.

Do Not Lose Control of Your Emotions

Divorce and child custody can be an emotional rollercoaster, leaving one to struggle with feelings of anger, frustration, sadness, and stress. But in order to prove to the court that a parent is fit for custody, the parent needs to show that they can keep their emotions under control. Do not send angry text messages, emails, or voice messages or make threats. When you are in the court for hearings, always maintain your composure, no matter what the other parent’s attorney says or does. This not only includes interrupting or raising your voice, but also keeping control of your body language.

Do Not Share Your Life on Social Media

Even if your social media account settings are set to private, you and your spouse could have friends in common who will share what you have on your account with your spouse. Attorneys also have the ability to file motions with the court to access accounts to use as evidence. Photos, comments, check-ins, and more can all be misconstrued and uses against you and put your chances of custody at risk.

Do Not Abuse Alcohol or Drugs

The bottom line is that any suspicion that a parent is abusing alcohol or drugs will put their parental rights and custody at risk. Remember, custody is determined by what would be in the best interest of the child.




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