In Illinois, parents battle each other for custody of their children. If they were required to attend a divorce trial, the custody hearing is scheduled for a separate date. The court allows presentations from each side to enable the judge to make a decision. However, the primary focus of a child custody case is to determine if either parent is a risk to the child. The following are possible issues that could be identified by a child custody lawyer in Winnebago County, IL during these hearings.
Alcoholism and Drug Addiction
A parent with an alcohol or drug addiction must acquire treatment before they can seek custody. If addiction is identified in the child custody case, any parent that has an existing drug or alcohol problem is classified as a risk to the child. If they have a history of DUI or drug-related convictions, these factors present even further risks and may allow for supervised visitation only.
Domestic Violence Cases
Domestic violence cases can also flow into child custody cases. If the child or a parent was the victim, further risks are assessed. If the parent was the victim only, the court must determine if the attacker is a risk to the child individually. If not, the attacker would get custody of the child. However, if the child was the victim and a conviction occurred, they cannot acquire custody and must be monitored if visitation is allowed.
Allegations of Child Abuse
Claims of child abuse are commonplace during child custody cases. When a report is filed, a caseworker must assess the potential attacker’s home. They must conduct a home study, and the child must be evaluated by a licensed psychologist. If abuse is discovered, the attacker is arrested. The possible results of these cases are incarceration and the termination of all parental rights.
In Illinois, parents file motions to acquire child custody for a variety of reasons. These motions are connected to an existing divorce case, or a sudden risk emerged. The moment a risk to the child is discovered, the noncustodial parent can start a claim to acquire custody. Parents who need assistance from a child custody lawyer in Winnebago County, IL can find more information here today.
