When Is Full Custody Possible in Illinois?

 Posted on March 22, 2024 in Child Custody / Allocation of Parental Responsibilities

Courts in Illinois rarely find that giving one parent full custody and excluding the other parent from the child’s life is in the best interests of the child. Wherever possible, courts will work to salvage the parent-child relationship in any way that is practical and safe for the child. However, in certain cases, the court can find that full custody is appropriate. While limited supervised visitation is often ordered when one parent is not capable of caring for the child independently or poses some risk, courts sometimes find that even supervised visitation could harm the child. If you are in a situation where you need full custody of your child, you will need an experienced Naperville, IL child custody lawyer.

Circumstances Where Full Custody May be Granted by a DuPage County, IL Court

If any of the following issues apply to your case, you may have a chance at gaining exclusive custody of your child:

• Your child has been abused by the other parent - If the other parent abused your child in any way, the court may find it best to prevent that parent from having any further access to the child. Whether the abuse was physical, sexual, or emotional, courts have a strong interest in protecting the child from an abusive parent. 
• The other parent committed certain crimes - If your spouse committed any crime suggesting that he or she is a danger to your child, the court may not give them parenting time. Convictions like child endangerment, possession of child pornography, or any other crimes involving children could tell the court that the convicted parent should not be around his or her child. 
• The other parent is an addict - If your child’s other parent is addicted to drugs or alcohol and cannot remain sober during parenting time, the court may determine that he or she is a danger to the child. Often, courts will attempt supervised visitation in a dedicated center where an intoxicated parent will not be allowed in. If the other parent continuously arrives intoxicated, supervised visitation may be eliminated. 
• A serious mental illness prevents the other parent from managing their behavior around the child - If the other parent has a very serious mental illness and cannot conduct himself or herself appropriately around the child, spending time around that parent may be harmful to the child. For example, a parent with unmanaged schizophrenia might frighten the child by making bizarre statements.

Gaining full custody of your child can be a challenge, but if it is in the best interests of your child, you may succeed with the help of an experienced lawyer.

Contact a Naperville, IL Child Custody Attorney

Calabrese Associates, P.C. is committed to protecting children from a parent who could harm them. Our dedicated DuPage County, IL child custody attorneys will fight to safeguard your child. We provide individualized legal services to protect your family’s individual needs. Contact us at 630-393-3111 for a confidential consultation.