How Are Custody Cases Handled When Domestic Violence Is Involved?

When domestic violence is involved, courts prioritize the child’s safety and well-being, considering the abusive parent’s history when making custody decisions.

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Understanding Custody Cases Involving Domestic Violence

In Illinois, domestic violence is a significant factor in determining child custody, known as allocation of parental responsibilities. Courts aim to ensure that parenting arrangements protect the child from harm while promoting a stable and supportive environment.

Legal Context for Custody and Domestic Violence in Illinois

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), judges must consider a parent’s history of domestic violence when deciding custody. The law also incorporates the principles of the Illinois Domestic Violence Act (750 ILCS 60) to prioritize the child’s and victim’s safety.

Factors Courts Consider:

1. The safety and well-being of the child and the victim.
2. The abusive parent’s ability to provide a stable, safe environment.
3. Any protective orders in place against the abusive parent.
4. The child’s emotional and physical needs.
5. Evidence of the abusive parent’s attempts to rehabilitate or address their behavior.

Impact on Custody Decisions:

• Courts may limit or deny parenting time for the abusive parent.
• Supervised visitation may be ordered to ensure the child’s safety.
• Sole custody may be awarded to the non-abusive parent in severe cases.

Example Scenario:
A parent with a history of domestic violence may be granted limited, supervised visitation to protect the child from potential harm.

Steps in a Custody Case Involving Domestic Violence

1. Document the Abuse:
   Gather evidence such as police reports, medical records, or witness statements to present to the court.
2. Seek a Protective Order:
   If not already in place, file for an order of protection to safeguard yourself and your child during the custody process.
3. File for Custody:
   Include detailed information about the abuse in your custody petition, emphasizing the need to prioritize the child’s safety.
4. Attend Court Hearings:
   Present your evidence and advocate for custody arrangements that protect the child from harm.
5. Comply With Court Orders:
   Follow any custody or visitation orders issued by the court, and report violations immediately.

How Attorneys Can Help

An experienced family law attorney can:

• Help you document and present evidence of domestic violence to support your custody case.
• Advocate for custody arrangements that prioritize your child’s safety and well-being.
• Assist in obtaining or enforcing protective orders.
• Represent you in court hearings to achieve a fair and protective outcome.

Need Legal Help With a Custody Case?

Call (630) 366-1760 to consult with a compassionate family law attorney. We’ll advocate for custody arrangements that ensure your child’s safety and protect your legal rights.

Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.

The original article is published at https://familylawnapervilleil.com/faqs/how-are-custody-cases-handled-when-domestic-violence-is-involved/