What to Do if Your Spouse Wants Full Custody
Posted on February 20, 2024 in Child Custody
“I am going for full custody of the kids, and you will never see them,” is a common, but usually empty, threat during a contentious divorce. It takes a lot of evidence that a parent poses a legitimate risk of harm to their children for the court to grant one parent exclusive custody. In all likelihood, you do not need to worry about never seeing your children again unless you have actually been convicted of child abuse or a similar crime. Illinois courts make child custody decisions based on what is in the best interests of the child. Courts have long recognized that it is nearly always in a child’s best interest to have an ongoing relationship with both parents under most circumstances. However, if your spouse is demanding exclusive custody, it is important to be represented by an experienced Wheaton, IL, divorce and child custody lawyer who can stand up for your rights as a parent.
What if My Spouse is Using My Mental Health Against Me?
Nearly a third of all adults in Illinois qualify for some type of mental health diagnosis. Simply having a mental illness that you are treating does not automatically result in you losing custody of your children. As long as your mental illness is being managed and is not so severe that you cannot safely be around your children, you likely have nothing to worry about.
If your mental health issues relate to substance abuse, the same is true. If you are no longer actively using drugs or drinking, the court could see you as a good parent. In some cases, supervised visitation may be ordered temporarily if you are new to recovery or mental health treatment.
What if My Spouse is Falsely Accusing Me of Abusing the Children?
A guardian ad litem will almost certainly figure out very quickly if your spouse is making up allegations of abuse in an effort to get sole custody. Guardians ad litem are specially trained to investigate abuse accusations by talking to the children involved, and they can usually tell the difference between a false accusation made for selfish reasons and a legitimately abusive situation. Your spouse would need evidence beyond her own words to support their allegations, such as police reports, medical records of injuries, or testimony from witnesses to convince the court there was abuse.
Contact a Wheaton, IL, Child Custody Lawyer
Andrew Cores Family Law Group is committed to defending the parent-child relationship. Our skilled DuPage County, IL, divorce and child custody attorneys will strive to prevent your spouse from unreasonably withholding access to your children. Contact us at 630-871-1002 for a free initial consultation.
