As you pursue a divorce, there are numerous factors you have to consider to successfully end your marriage and move forward. You will need to endure the division of assets, potential spousal support, and figure out a parenting plan if you have kids. An impending custody battle may be the most difficult and serious part of your divorce. If you aren’t careful, you could end up losing custody. A Springfield divorce lawyer can help you build a solid case for custody.

Getting divorced will almost always be far more difficult when there are children involved. If your spouse is particularly vindictive, they may try to use your children as a bargaining chip to get a more favorable settlement from you. 

That is one of the many reasons why it is so important to recruit an experienced divorce lawyer to help you work through every aspect of the divorce. They can make sure you don’t get taken advantage of and that your spouse’s behavior is documented.

Be Sure to Hire a Good Lawyer

Arguably, the most important decision you make throughout this entire process is hiring the right lawyer. The right lawyer’s help can prove to be indispensable as you navigate what might be uncharted territory if you have never dealt with a divorce before. The multi-state legal team at Stange Law Firm understands what’s at stake for you. We can provide you with an empathetic, personalized, and focused approach that protects your interests and your children’s interests.

A couple of things you may want to focus on during all this are the rates of marriage and divorce throughout your state. This information can make you feel less alone in all this. The CDC reported that Illinois had a considerably low divorce rate of 1.2 per 1,000 people in 2023. The marriage rate is pretty high, with over 50% of polled individuals identifying as married, according to a 2022 poll from the IDPH.

A divorce can be supremely stressful before taking a custody battle into account. This whole ordeal may be seriously affecting your mental health. You can reach out to a local divorce support group like DivorceCare or The Lilac Tree to discuss your concerns and work through some of your personal issues. Surrounding yourself with like-minded individuals who are going through their own divorce pains can be healing for you in many different ways.

Things to Consider in a Custody Battle

It may be safe to say that a custody battle can easily become personal, painful, and unpredictable. It is vital that you hire an experienced divorce lawyer to help keep things civil and keep you focused on the task at hand. 

It can be easy to get distracted by your emotions and try to hurt your spouse the way they may be trying to hurt you. Instead, you should take the high road, as that will make you look better in the court’s eyes. Here are some things to consider in your custody battle:

  • The most important thing to consider in your custody battle is that no matter what, the court will always prioritize the well-being of your children. Their welfare will always come first, even if that means refusing you or your spouse’s custody requests. If the court feels that they can propose a better solution that prioritizes your child’s upbringing, they may implement it. It’s likely they will push for joint custody if it’s a viable option.
  • Throughout this process, it is vital that you don’t take any actions that could be seen as parental alienation. Parental alienation happens when one parent uses lies, bribes, or threats to try to turn the children against the other parent. While this behavior isn’t illegal, it isn’t looked favorably upon by the court either. If you can prove parental alienation, you may get a much more favorable custody split. Let the facts speak for themselves.

FAQs

Q: Can a Divorce Lawyer Help With a Custody Battle?

A: Yes, a divorce lawyer can help with a custody battle. An experienced divorce lawyer can help you with every element of your divorce, including your custody battle. They can take control of your case and ensure that you don’t end up losing custody because you didn’t have a strong case. You should never take any chances when it comes to your kids. The right lawyer can assist you in building a strong case and protecting your own interests.

Q: Can a Custody Agreement Be Modified in Illinois?

A: Yes, it is entirely possible to modify a custody agreement in Illinois, as long as you can show that there has been a substantial change in circumstances and the change is for the benefit of your children. Custody agreements are modified all the time in cases of relocation, health changes, or a change in financial stability. However, you must wait a certain amount of time after the original order unless there is a serious risk of endangerment to the child’s welfare. 

Q: Is a Parenting Plan Legally Binding?

A: Yes, a parenting plan is legally binding. Once the plan is approved by the family court, the plan becomes a legally binding document that cannot be broken without serious legal consequences. A parenting plan lays out every element of a joint parenting structure, including what to do for holidays, how to handle vacations, and even how to handle parental disputes. If your ex fails to abide by the plan, the court may hold them in contempt or worse.

Q: Which Parent Gets Primary Custody?

A: There is no telling which parent will get primary custody before divorce proceedings have begun. Neither the mother nor the father is automatically seen as the custodial parent before the court conducts an investigation into each parent’s home life and relationship with the child. Generally, the court prefers a joint custody arrangement, as that ensures both parents maintain equal responsibility for raising their children. However, this isn’t always feasible.

Contact a Lawyer

At Stange Law Firm, we can assist you in building a strong case for custody. Contact us to speak to a member of our team about how we can help.