How Will Domestic Violence Affect Custody and Parenting Time in Illinois?

 Posted on February 03, 2020 in Child Custody

Domestic violence touches the lives of countless families in Illinois and across the United States. The National Coalition Against Domestic Violence estimates that nearly 40 percent of Illinois women and over 25 percent of Illinois men have been the victim of intimate partner physical abuse, sexual abuse, or stalking. On a national scale, one out of every 15 children are exposed to domestic violence every year. Being witness to domestic violence can dramatically impact a child’s wellbeing. Consequently, Illinois courts heavily weigh accusations of domestic violence when making determinations about child custody and parenting time.

The Effect of Domestic Violence on Children

The Illinois Domestic Violence Act of 1986 describes domestic violence as abuse as well as “interference with personal liberty or willful deprivation.” Domestic violence can include physical violence, threats, psychological manipulation, intimidation, gaslighting and more. When children witness a parent physically or mentally abusing the other parent, it has a profound effect on them. Children who are witness to domestic violence are much more likely to experience depression, anxiety, verbal, motor, and cognitive issues, aggressive behavior, insomnia, and other problems.

Parenting Time and Parental Responsibilities

Illinois courts make all child-related decisions based on what is in the child’s best interest. A court will never assign custody or parenting time to a parent who is a danger to the child. In some cases, a judge may allow a parent who has been accused of domestic violence to have limited parenting time or supervised parenting time. The court may also require the transfer of the child to take place in public. If you are a parent who has been the victim of domestic violence at the hands of your spouse and you are divorcing, it is crucial that you notify the court of the abuse. If you are worried that your spouse will be a danger to your children, you can petition the court to get sole parental responsibility of your child. Speak with a divorce lawyer experienced in cases involving domestic violence so that you and your children’s rights will be fully protected during the divorce process.

Contact an Illinois Family Law Attorney

Divorcing a spouse who has physically, mentally, emotionally, or sexually abused you can be terrifying. You should know that you do not have to go through it alone. The compassionate Arlington Heights child custody lawyers at A. Traub & Associates can assist with obtaining an order of protection, petitioning the court for sole custody, establishing child support, and more. Call our office today at 847-749-4182 and schedule a free, confidential consultation with a member of our team.

Sources:

https://assets.speakcdn.com/assets/2497/illinois_2019.pdf

https://www.psychologytoday.com/us/blog/progress-notes/201902/alarming-effects-childrens-exposure-domestic-violence