What Happens in a Custody Battle?

 Posted on July 01, 2018 in Child Custody

If you and your spouse are divorcing or separating, you may have fears about the upcoming “custody battle” that will take place between you and your spouse regarding your children. While it is true that many custody cases can be very contentious, a battle is not inevitable. Here’s a look into what you need to know about how custody is decided, and what happens if your case goes to court–

Creating a Parenting Plan

In Illinois “custody” is now referred to as “allocation of parental responsibilities.” When custody of a child needs to be decided, parents are encouraged to work together to create a parenting plan. The parenting plan addresses multiple issues that are typically associated with child custody, including where the child will live, how the child will be transported from one parent’s home to the others, where the child will go to school, each parent’s responsibilities, how decisions pertaining to the child will be made, and more.

Parents who are committed to the wellbeing of their child and who are able to set aside their own differences are often able to create a parenting plan without intervention from the court. When there are disagreements, mediation can be an effective tool to reach a resolution. Many parents reach an agreement in a manner that is cooperative, leaving all parties feeling good about the outcome.

Child Custody Disagreements and Litigation

When parents are unable to form a parenting plan due to severe disagreements and an inability to work with one another, the case will head to court where the child custody “battle” will begin. During a child custody trial, both parents will have an opportunity to present their side and any evidence supporting their side to a judge. This may include calling upon witnesses who know the child and each parent, as well as experts. The judge will then issue a child custody decision based on the best interests of the child.

The Benefits of Avoiding a Child Custody Battle

It is almost always within everyone’s best interests to do what you can to resolve differences regarding a child custody arrangement outside of court. Not only is going to court expensive and time-consuming, but the process can also be very emotional for parents and child alike. When things go to court, tempers can boil, and feelings can be hurt, leaving a relationship frayed.

Why You Should Work with an Illinois Child Custody Lawyer

When you work with our child custody lawyers at the law offices of Fay, Farrow & Associates, P.C., we will do everything we can to help you and your spouse reach an agreement out of court. Should litigation be necessary, we will aggressively advocate for you and your child, and have the resources necessary to successfully manage your case.

To schedule your consultation with our Naperville family law attorneys, please call us today or send us a message. We serve clients in Naperville, Wheaton, and Downers Grove, IL.