When to Contest Child Custody

 Posted on July 08, 2024 in Child Custody

Contested child custody cases can be hard on everyone involved. It is usually best for parents who are getting divorced to try to agree to a parenting plan out of court with the help of their attorneys and a mediator. However, there are instances where child custody mediation fails, and the parents must allow the court to make decisions. As a parent, you might need to make the decision that litigating child custody is necessary to protect your children if the other parent is being unreasonable or would not do what is best for the children. If you need the court to decide what parenting arrangements are in your child's best interests, you must be represented by an aggressive Will County, IL, child custody attorney.

Reasons to Litigate Your Child Custody Case

Your lawyer will recommend trying mediation first in most, but not all, cases. If mediation fails or is highly unlikely to work, your lawyer might begin preparing to take your case to court. Reasons you may ultimately need to contest your child custody case include: 

• The other parent is a danger to your child - If you fear for your children’s safety or well-being when they are left alone with your spouse and your spouse will not agree to a parenting time arrangement that does not include time alone with the kids, you might need to go to court to protect your children. The other parent might be a danger to your children if he or she has a history of abusing or neglecting them, is addicted to drugs or alcohol, or has a severe and unmanaged mental illness. 
• The other parent will not give you reasonable parenting time - If your spouse entirely refuses to agree to a schedule that gives you a reasonable amount of time with your children, you may need to litigate to ensure that you have the time needed to maintain a close relationship with your kids. 
• You have drastic disagreements on parental decision-making - If you and your spouse cannot allocate parental responsibilities because your differences in opinion are just too great, you may need to go to court to have a judge decide which parent can make which decisions. For example, if one of you wants to home school your children and the other wants to send them to a traditional school and neither of you will waiver on your stance, you may need a court to step in. 

Contact a Will County, IL Child Custody Disputes Attorney

Law Office of Ronald L. Hendrix, P.C. is committed to helping divorcing parents create the parenting plan that is right for their children. Our dedicated father-son team of Naperville, IL child custody litigation lawyers will do all we can to help you resolve your case in a way that is minimally stressful for you and your children.