While still possible, obtaining sole custody for your child will take a lot of effort. Due to Illinois’ preference of joint custody with the condition that both parents are able to contribute to the child’s best interest, keeping them away from your ex can be difficult.
But the child custody attorneys at Berry K. Tucker & Associates, Ltd. in Oak Lawn, IL can provide some assistance for your case. With over 50 years of combined legal experience, we can help you reach an effective solution that works in the best interest of both you and your child.
The Allocation of Parental Responsibilities
Due to recent changes in Illinois’ law, the term “child custody” is no longer used. It has been replaced with a more relatable term called allocation of parental responsibilities. This can either mean that one or both parents have physical and legal custody for the child. But the parent that retains full responsibility is allowed the right to make major decisions on the child’s behalf.
On the other hand, having full responsibility doesn’t guarantee that the other parent is not allowed to be with the child. Known as parenting time, the other parent has the right to be with the child unsupervised, given that the child’s mental, physical, moral, nor emotional health is not in danger.
How to Get Full Parental Responsibility
In order to gain full parental responsibility, or child custody, you must prove that the other parent is unfit. This can also be difficult due to the fact that the judge typically favors the allocation of parental responsibility to both parents.
So to support your argument that the parent is unfit, you will need some evidence. Documentation such as medical bills, pictures, email responses, police reports, and other paperwork can work in your favor of proving that the other parent is a danger to your child.
Additional documentation that supports your position to get full parental responsibility can also help to prove:
- Their poor employment record. If a parent cannot maintain a job to support their child’s needs, they will most likely not be granted parental responsibilities. But keep in mind that this will not affect their parenting time with the child.
- Unsuitable living conditions. If the living situation of the other parent proves to be unhealthy or unsafe for the child, this can award more credit your way towards sole custody.
- If there is any record of physical, sexual, emotional, or drug abuse, this will most likely be your awarding factor of full child custody.
- The parent must be emotionally and physically capable of providing for the child’s best interest to gain custody of any type.
Show You Are the Better Parent for Full Child Custody
Despite proving the other parent unfit for gaining any kind of custody, this doesn’t always mean you will get full parental responsibility. So you will also need to prove that you are the better parent.
Below includes a list of steps you can take to support your case for gaining full child custody:
- Discuss the best interest of your child. Prove your awareness of your child’s routines by talking about their daily schedule, extracurricular activities, and habits.
- Demonstrate your commitment for their psychological wellbeing. Only if appropriate, discuss your intentions of allowing the other parent ample time and influence on child-related decisions.
- Dress formally for court. In addition to a professional appearance, the proper attire will support your case in proving yourself fit for full child custody.
- Be ready to discuss the specifics of your child’s best interests. Simply pouring out your love and commitment to the wellbeing of your child won’t be enough; the judge and court must hear what are the specific child’s needs, why, and how you plan to support them.
- Have all paperwork and supporting evidence ready before court.
- Practice defending and supporting your case before court.
Important tip: Never shoot down the other parent. Let them prove their inability to care for the child through their current behavior.
Get Professional Help from an Experienced Attorney
In extreme cases where the other parent is abusive on more levels than one, the court will almost always allocate full responsibility of the child to the parent as long as they prove themselves fit. But in many situations, the effort to get full child custody will be much harder.
Schedule a Consultation
Don’t take any chances when striving for full child custody. Contact the child custody attorneys at Berry K. Tucker & Associates, Ltd. where we can offer years of experience, knowledge of current laws, and additional resources to support your case. Our lawyers have won numerous allocation of parental responsibilities for both divorcing and single parents and are more than willing to help you win yours.
Call Berry K. Tucker & Associates, Ltd. at (708) 425-9530 or fill out a form to set up an initial consultation. We look forward to working with you soon!
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