How Attorneys Help Resolve Disputes In High-Conflict Custody Cases

As an experienced Schaumburg custody dispute attorney, I know firsthand how distressing and emotionally taxing high-conflict custody cases can be. Where the parents cannot agree on how to divide parenting time, emotions are running high, and the process might get burdensome for all parties involved, especially the children. I help you work your way through such a difficult time, advocate for your parental rights, and protect the interests that a child has under Illinois law.
What Is A High-Conflict Custody Case?
A high-conflict custody case is a situation where the parents cannot reach an agreement over main issues of their parenting and engage in constant disputes about the attribution of decision-making powers and parenting time, among others. Such disputes may arise in the process of divorce or at any moment after the divorce if one or both parents want to modify an existing parenting agreement.
Similarly, under Illinois family law, “custody” is described in terms of “parental responsibilities” and “parenting time.” Under 750 ILCS 5/602.5, Illinois courts allocate the decision-making responsibilities in the areas of a child’s education, healthcare, religion, and extracurricular activities between parents based upon the best interests of the child. The time each parent spends with the child, parenting time is controlled by 750 ILCS 5/602.7.
In high-conflict cases, disputes typically span both decision-making and parenting time, and such issues may have to be resolved through the court.
How Lawyers Assist In Resolving High-Conflict Custody Issues
Are you involved in a high-conflict custody dispute? It is very crucial that you are represented by an experienced attorney throughout the process. Here is how I can assist you through the process:
Understanding Illinois Law And Your Rights
It is one of the very first steps I take, making sure you understand your rights and responsibilities under Illinois law. I will explain the statutes that apply to your case, including what factors the court will consider when making custody decisions. Among the factors that Illinois courts consider when awarding parenting time, as stipulated in 750 ILCS 5/602.7(b), are:
· The wishes of each parent and the child
· The child’s relationship with each parent
· The child’s welfare regarding adjustment to home, school, and community
· Mental and physical health of the parties
· History of Any Domestic Violence or Abuse
In this respect, through proper application, I can assist in focusing and strengthening your argument to hold onto your rights as a parent and safeguard the best interests of your child.
Assisted Negotiation And Communication
In high-conflict custody issues, communication among parents often breaks down and therefore becomes difficult to reach agreements without outside intervention. As your attorney, I will work to open avenues of productive communication among you and the other parent. I help both parties, through mediation or collaborative law, to shift their focus on the needs of a child instead of the underlying conflict that might be between the parents.
Many Illinois courts, especially when it comes to parental responsibilities, pressure parents to attempt mediation prior to trial. As such, I can represent you in a mediation session and help you negotiate fair and workable solutions that minimize further conflict.
Building A Case For Court
Where negotiation and mediation fail, I will prepare you for court. High-conflict custody cases have to be litigated when neither party can come to an agreement on any issue. In those instances, I will prepare the evidence to be used at court, like financial records, parenting evaluations, and witness statements for presentation to the judge in a clear, concise, and convincing manner.
The best interest of the child is always the foremost concern in the court’s mind while making its decision over custody cases, and I will prove before the court that your proposed parenting plan serves the interests of your child. Be it domestic violence, substance abuse, or even merely continued disputes over parenting time, I will fight for a resolution on your behalf that protects your relationship with the child.
Modifications To Custody Agreements
Even in the apparent ending of a custody agreement, disputes over changes in circumstances arise. If there is a need by one parent to change the current agreement because of a change of work schedule, relocation, or concern for the welfare of the child, the modification petition can be filed. Illinois law provides that modification in parenting plans under 750 ILCS 5/610.5 is allowed if there is a significant change in circumstances that requires a new order or arrangement.
As your attorney, I can advise you on whether a modification is appropriate and represent you in court if necessary.
Reducing Conflict For The Child’s Well-Being
The best interest of the child is always the paramount consideration in contested custody matters. Prolonged conflict between parents is harmful to the child’s emotional and psychological well-being. That is why, under Illinois law, agreement among parties outside of court is preferred.
However, I realize that, sometimes, the intervention of the court is inevitable. If the level of conflict is too large to negotiate a resolution, I will represent you in court, striving for the most favorable outcome possible for you and your child. Whether through mediation or litigation, I will be with you throughout the process.
Frequently Asked Questions About Illinois High-Conflict Custody Disputes
What Does The Court Consider When Making A Custody Determination?
Under Illinois law, the court determines child custody based on the best interest of the child. The factors provided by 750 ILCS 5/602.7 include but are not limited to, the parent’s wishes, the child’s relationship with each parent, the child’s adjustment to home and school, and any history of domestic violence or abuse. It also examines the ability of each parent to cooperate and communicate when making parenting time decisions.
Can We Avoid Going To Court In A High-Conflict Custody Battle?
Most parents are able to determine how to apportion their time with their children through mediation or negotiations rather than resorting to litigation. In many countries, mediators are able to offer a service that de-escalates the conflict, and the parties are better able to come to an agreement. If you can negotiate a parenting plan outside of court, it is far quicker and less stressful. In this regard, when no consensus can be achieved, the court will come in and decide on the best interest of the child.
Can A Modification Of The Custody Agreement Be Made After The Divorce?
Yes, custody agreements can be modified upon a change in circumstances. Under Illinois law, specifically 750 ILCS 5/610.5, it is permissible to modify parenting time or parental responsibilities if one parent demonstrates that the child’s interests are no longer served by the continuity of the current arrangement. Examples of changes that may invoke modification in this regard include: a parent moving, changes in needs of a child, and concerns with the safety of a child.
What Can I Do If The Other Parent Is Not Following The Custody Arrangement?
You have every right to take the issue before the court if your co-parent is not abiding by the terms of your custody agreement. For this, the court can enforce the custody agreement and even impose penalties on the violating parent. You are supposed to document the violation and discuss your legal options with a lawyer.
What Happens If There Is A Dispute Over Custody, And It Is Suspected That One Of The Parents Abuses Or Neglects The Child?
If you believe your child is being abused or neglected by the other parent, it’s very important to have the proper legal intervention immediately. The courts will make decisions based on what is in the best interest of the child, and allegations of abuse or neglect will carry significant weight with them in making custody arrangements. In cases involving domestic violence, the court is allowed to issue orders protecting the child and limiting contact with the other parent. It is recommended that you hire an attorney who will help you through the process of legally protecting your child.
Contact Our Schaumburg Custody Dispute Attorney To Protect Your Custody Rights
If you are involved in a contentious child custody battle, the Law Office of Fedor Kozlov is ready to help. I am aware of how much anxiety such cases bring about and am committed to fighting on behalf of your rights and, most importantly, the best interests of your child. Contact our Schaumburg custody dispute attorney by calling (847) 241-1299 to schedule a consultation. We are here to support your efforts to protect your relationship with your child and attain a fair solution.