Proving You Need Full Custody in Illinois

 Posted on February 20, 2024 in Child Custody

Illinois courts are generally reluctant to grant either parent full custody of their child unless the circumstances truly show that such an arrangement is in the child’s best interests. Even when one parent is less than perfect, courts are more likely to order supervised visitation than to cut one parent off from their child completely. However, there are cases where one parent is so dangerous to the child’s wellbeing that a court will award one parent sole custody. Suppose your child’s other parent is so dangerous that any child custody arrangement giving them parenting time would be unsafe. In that case, your Arlington Heights, IL, child custody lawyer can begin gathering the evidence you will likely need. In most cases, the other parent will resist this arrangement.

Evidence You May Need to Secure Sole Custody

Cook County, IL, family law courts frequently see high-conflict child custody battles where one or both parents are demanding sole custody not because it is necessary to protect the child but simply to spite the other parent. Your lawyer will need to help you prove that yours is not one of those cases. Types of evidence that can be very helpful when you are pursuing sole custody include: 

• Police reports - Police reports are one of the strongest types of evidence you can have. Even if your child’s other parent was not arrested, a police report suggesting that they have been abusive or neglectful towards your child can help prove your case. 
• Criminal records - If the other parent has a criminal record suggesting that they are dangerous for your child to be around, you are very likely to win sole custody. A conviction for any sex crime against children, child abuse, or child endangerment is likely to result in a nearly automatic full custody award. Offenses showing a history of serious family violence, gang involvement, or extensive unmanaged substance abuse may also help your case significantly. 
• Testimony from credible witnesses - Your child’s teachers, neighbors, school nurse, social worker, childcare providers, or others involved in their life may have noticed signs of abuse in your child. If they can testify that they believe the other parent is abusive or a threat, this can provide strong evidence. 
• Medical and mental health records - Documentation from your child’s doctor or mental health providers suggesting physical or psychological abuse can help you prove that the other parent is too harmful to have any parenting time. 

Proving that you need sole custody of your child can be an uphill battle, but this battle can be won with the proper evidence and the help of a skilled attorney.

Contact a Cook County, IL, Sole Custody Attorney

Law Offices of Donald J. Cosley is committed to helping parents protect their children from harmful and abusive parents. Dedicated Arlington Heights, IL, child custody lawyer Donald J. Cosley will fight to keep your child safely in your exclusive care. Contact us at 847-253-3100 for a free and confidential consultation.