Can I Receive Sole Custody of My Children in My Divorce?

 Posted on September 27, 2023 in Child Custody

The process of getting a divorce can be challenging, no matter your situation. When you have children, the end of your marriage can provoke disputes over issues such as where children will live and how you will make decisions about medical care, education, and other concerns. If you have handled most of the child-related duties during your marriage, you may believe that you should have sole custody of your children. While sole custody may be possible in certain situations, it is important to understand that obtaining sole custody is not always easy, and most of the time, courts prefer for parents to share joint custody. An experienced attorney can provide guidance on whether sole custody may be an option for you.

The Best Interests of the Child

In Illinois, the “best interests of the child” is the top priority in a family law case involving child custody. This means that decisions about custody must focus on solutions that will provide a stable and nurturing environment for children.

A divorce court judge will evaluate a variety of factors to determine whether sole custody or joint custody would be in the best interests of the child. Some key considerations include:

• The mental and physical health of each parent

• The level of involvement each parent has had in raising the children

• The relationship between each parent and their children

• The ability and willingness of the parents to cooperate with one another

• The wishes of children, if they are old and mature enough to be able to express themselves in this regard

• Any instances of domestic violence or other issues that could affect children's health, safety, and well-being

It is important to note that there is usually no single deciding factor that will determine the outcome of a child custody case. The court will weigh all relevant issues that may affect the parents’ ability to provide the ongoing care and support their children need. If, after looking at all of the relevant details, it is determined that it would be best for one parent to be the primary caretaker, sole custody may be awarded to that parent.

Evidence That May Affect a Child Custody Case

In general, sole custody will only be appropriate if there is a reason that children would be at risk of harm when with a parent. In some cases, parents may share custody, but the court may decide that restrictions on a parent’s parental responsibilities and parenting time are necessary. If you are seeking sole custody, you may need to provide convincing evidence showing that this would be in your children’s best interests. This evidence could include things like:

• Police records showing that there have been instances of domestic violence or substance abuse by the other parent.

• Reports from counselors, therapists, or teachers showing that you have been present in your children’s lives while the other parent has been absent.

• Emails, text messages, or other forms of communication demonstrating that the other parent has attempted to interfere in your relationship with your children.

In most cases, Illinois courts try to make sure both parents can maintain positive relationships with their children. If a judge chooses to grant sole custody, this may give you the sole right and responsibility to make decisions about how your children will be raised. However, the other parent will most likely still have the right to see and spend time with your children regularly. If there is evidence that your children could potentially be at risk of harm when in the care of the other parent, a court may still allow them to have parenting time, but restrictions may be put in place, such as requiring supervision to be present.

Contact an Experienced Oakbrook Terrace Child Custody Attorney

If you are considering seeking sole custody of your children during your divorce, it is crucial to secure representation from an experienced family law attorney. At Farooqi & Husain Law Office our DuPage County child custody lawyers understand the unique legal issues that must be addressed in these cases. We can provide guidance on whether sole custody may be an option in your case, and we can help you gather the necessary evidence to show that this would be the ideal solution that will protect your children’s best interests. We will advocate on your behalf to make sure you will be able to resolve child-related issues successfully as you proceed with the divorce process. Contact us today at 630-909-9114 to set up a consultation and learn more about how we can help you.