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How Does an Abusive Mother Affect Child Custody Decisions?
Custody battles between divorcing parents can be brutal for all those involved. When abuse has been a part of a couple’s marriage, parenting, and even the divorce, every choice made on behalf of the child may have added layers of complexity. An abusive mother can certainly affect the outcome of a child custody decision, although the specific details will determine to what extent.
When abuse by the child’s mother becomes a factor in a family law court, it is essential that the father has an experienced Rolling Meadow child custody attorney from Law Offices of Donald J. Cosley. A lawyer fighting for the rights of the father and the child is essential to obtaining the best possible outcome.
Could an Abusive Mother Get Primary Custody of the Child?
Although anything can happen when child custody is at issue, if the abuse has been documented and proven, it is unlikely the court would give the abusive mother primary custody. Should the judge determine a risk of abuse exists, the father will likely be given sole physical and legal custody, while the abusive mother will receive limited visitation or even supervised visitation.
What Can a Father Do if His Wife is Abusive?
It is generally more common for a man to abuse his wife than for a woman to abuse her husband, but there has been a recent rise in the number of women being arrested for domestic violence. This suggests that plenty of men experience abuse at the hands of their wives. Women who are violently abusive towards their husbands are also more likely to become violent toward their children. If you are a father seeking a divorce and your wife has abused you, you must be represented by an experienced Cook County, IL domestic violence and divorce attorney. Proving that your wife has been abusive and could be a danger to your children may be an uphill battle, but it is one that Law Offices of Donald J. Cosley is willing and able to fight.
Gathering Proof of Domestic Violence or Abuse
Courts are sometimes, unfortunately, reluctant to believe men who say that their wives have battered them or harmed their children. Gathering as much evidence as possible is critical. Your attorney can give you specific advice for your situation, but some types of evidence you may want include:
What is the Right of First Refusal in Child Custody?
There will be occasions when the parent whose turn it is to spend time with the child needs someone else to watch the child. One parent might have an adults-only wedding to attend, a mandatory training outside of normal work hours, or an emergency to attend to. In these situations, parents who are still together would likely leave their child with a family member or hire a babysitter. When parents are divorced, it may not make sense to use a babysitter when there is a parent available to care for the child. This is where the right of first refusal comes in. Parents often agree to this term, as it generally benefits them both. An Arlington Heights, IL child custody attorney can help you plan for child care when the parent who would normally be with the child is not available.
How the Right of First Refusal Clause Works
When the right of first refusal clause is included in a parenting plan, it means that the parent who has the child with him must first offer the other parent the chance to spend time with the child before finding another babysitter. For example, suppose Parent A has parenting time for a week but needs to attend a funeral and does not want to bring the children. Parent A would be required to contact Parent B and offer her the chance to spend time with the children while Parent A is at the funeral. Only if Parent B refuses can Parent A make other arrangements for someone else to watch the children.
Newborn Drug Tests and Child Custody for Fathers
Finding out that the mother of your child has been using drugs during her pregnancy can be extremely alarming. No one wants to see their newborn child go through withdrawal or experience serious medical issues due to prenatal exposure to substances. It used to be the case that when a newborn baby failed a toxicology screen, the mother would immediately lose her parental rights and be reported to law enforcement. This enabled fathers to take exclusive custody. A new state law has removed these requirements. However, fathers who are seeking custody of their children can still argue that it is in the best interests of the child to stay with them during child custody proceedings. An experienced Rolling Meadows, IL fathers’ rights lawyer can help you.
What Does This New Law Mean for Fathers Seeking Custody?
Before this new law, fathers could almost automatically take full custody of babies born with drugs in their systems. Now, mothers who use drugs or alcohol during their pregnancies have the opportunity to try to prove that staying with them is in the baby’s best interests. Successfully making that argument may be extremely difficult for mothers until they have proven that they are genuinely committed to recovery.
When Your Ex's New Partner Is a Danger to Your Kids
It is normal to feel apprehensive or distrustful when your co-parent starts dating someone new and bringing him or her around your children. Most parents want to get to know any adult who is spending a significant amount of time around their children. Not all adults are safe for children to be around. If you find out that the person your ex is dating poses a threat to your children, there are steps you can take to protect them. As soon as you have reason to believe that your ex’s new dating partner is not safe for your kids to spend time with, you need to talk to a Rolling Meadows, IL child custody attorney to find out what you can do to keep your children safe from him or her.
Steps You Can Take to Protect Your Children From Your Ex’s New Partner
Why you feel that your children are not safe around your ex’s new boyfriend or girlfriend matters. The more objective the reason and the more evidence you have, the more likely it is that the court will act quickly to ensure that your children are not exposed to the dangerous adult.
Does Domestic Violence Against a Parent Affect Child Custody?
If you have a child custody or divorce case open and your child’s other parent has accused you of domestic violence, you could have a problem. Illinois state law directs family law courts to consider any violence or abuse that one parent has committed against not only the child but against any other member of the household, including the other parent. A parent who is violent toward his or her co-parent is not unlikely to become violent toward the children, especially after losing access to the co-parent. If domestic violence allegations will be a factor in your child custody dispute, you need an experienced Rolling Meadows, IL domestic violence and child custody attorney on your side.
Illinois Child Custody Factors and Domestic Violence
Illinois courts make child custody decisions based on a list of factors. Two of these factors have to do with the presence of violence or abuse against the other parent. One factor explicitly refers to physical violence or the threat of physical violence against the child or anyone else in the household. The other factor refers more vaguely to any abuse by one parent against the child or any other member of the household. Most parents who are accused of domestic violence against the other parent are also accused of other types of abuse, such as emotional or financial abuse.
What Counts as Income for Child Support Purposes?
Child support is calculated based on the obligor’s income. The obligor is the parent who pays child support. To find out how much child support your child’s other parent owes, you will need to know how much money he makes. Some sources of income that are not taxable can be counted as income when calculating child support. Your child should not receive less financial support from a parent who has the means to pay more simply because he receives income or other payments that are not counted as income for tax purposes. The law considers your child’s other parent’s ability to pay based on all the money he has coming in each month. An Arlington Heights, IL child support lawyer can help you find out how much your child’s other parent owes.
Sources of Income That Count Toward Child Support
Your co-parent’s wages earned through employment are likely his main source of income. Income reported on a W-2 certainly counts as income when calculating child support, but there are many other possible sources of income that could count towards his child support obligations. Other sources of income include:
Protecting Yourself Financially When Divorcing an Abuser
People who abuse their spouses physically or emotionally are very likely to financially abuse their spouses during the divorce process as well. Many survivors of domestic violence or narcissistic abuse finally build up the courage to file for divorce only to find that their bank accounts have been drained by the abuser, who is now fighting hard to keep every possible marital asset. Abusers may lie, dissipate assets, or hide marital property for the sole purpose of hurting their escaping spouses. If you are divorcing an abusive spouse, you need to speak to an experienced Arlington Heights, IL complex divorce attorney about how to protect yourself financially.
Tips for Protecting Your Property Rights While Divorcing an Abusive Spouse
Do not count on your spouse to be truthful about who acquired which asset or when or to voluntarily leave you access to the marital finances once he finds out you have filed for divorce. Some steps your attorney might recommend taking include:
How Fathers' Rights Have Progressed
Mothers used to be fairly heavily favored in child custody cases. This was in no small part because mothers used to be much less likely to work outside the home, meaning that many stayed home to serve as full-time parents. Now that most households rely on the income of two parents, fathers are becoming much more involved in caring for their children. Childcare duties are frequently split evenly between mothers and fathers - as are household expenses. This puts mothers and fathers on a more level playing field in child custody decisions. Illinois child custody factors that traditionally came out in favor of the mother are now just as likely to favor the father. Fathers in need of a parenting plan should always be represented by an experienced Rolling Meadows, IL child custody lawyer.
How Illinois Child Custody Factors Affect Fathers
Illinois judges consider a list of factors when making parenting time decisions. All factors apply equally to both parents, regardless of gender. Some of the factors that traditionally favor mothers, but are now just as likely to favor fathers, include:
Understanding Dissipation of Marital Assets
Dissipation of marital assets is the legal term for when one spouse recklessly spends - or, more accurately, wastes - assets that belong to the marriage on something that benefits only himself without the consent of his spouse. Dissipating marital assets is more than being “bad with money” or making a few irresponsible or unnecessary purchases during the marriage. If your spouse dissipated marital assets, you are entitled to recover your fair share of the assets he wasted during the divorce process. Compensating one spouse for dissipated assets is part of the equitable distribution process in Illinois. Your Arlington Heights, IL divorce attorney can conduct a forensic financial analysis to determine whether your spouse’s misuse of marital funds amounts to dissipation.
What Is Not Dissipation of Marital Funds
It is generally not considered dissipation of marital assets on one spouse’s behalf if:
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