Are you concerned about the child custody agreement that you have? If you have any concerns about your current custody agreement and believe that you may need to take legal action in order to secure greater custody rights, it is crucial to know your options. In order to learn these options, you will need a trusted Granite City, IL attorney to help you navigate this process.
Child custody is a contentious issue throughout the United States. There are some parents who unfortunately attempt to weaponize their children against one another during their divorce case. This irreparably damages their relationship with their children. If you believe that you need to return to court in order to gain greater custody rights over your children, you should understand your options and what to expect from the process.
Do I Need an Attorney for Child Custody Rights?
The state of Illinois family court system has a legal duty to ensure that any decision that the court delivers suits the best interests of the child that is affected. If you want to adjust your custody verdict, you must make a very convincing case backed with solid evidence. This is why it is a smart idea to hire a professional family law attorney to assist you.
Your attorney can help you identify the opportunities and challenges in your situation that can help or harm you from gaining greater custody rights. They will be able to help you handle all the procedural issues that your case will entail. This can help you proceed through the proceedings as smoothly as possible.
Of the most common methods for adjusting a custody agreement is the post-judgment modification process. Family law allows you to not need to undergo a complex appeal process as you would in a criminal or civil suit. The modification process is streamlined, consisting of the petition, a hearing, and then a resolution from the court.
If you desire to file a post-judgment modification for your child custody case, you will need to prove that the current custody terms do not suit the child’s best interests. There are several potential grounds that can be cited in this situation, which depend on the circumstances.
Proving Your Co-Parent is Unfit for Child Custody Rights
Usually, if parents share the custody of their child, in order to obtain sole custody they must prove the other parent is unfit for parental rights. This is a serious issue, and the family court judge overseeing the matter will want to see clear evidence that can prove that the other parent is unfit. Some examples of evidence can include:
Failure to Maintain Employment: If the child’s other parent cannot stay employed and cannot provide for your children’s basic living needs, this could be enough to convince a judge to grant you sole custody. However, unless the other parent is willfully neglectful or engaging in dangerous behavior, they will maintain some measure of visitation rights.
Neglect: The failure to provide for a child’s basic needs not only may lead to the termination of parental rights but also can deal with criminal prosecution under Illinois state law.
Drug Abuse: If there is evidence of your child’s other parent having a substance abuse problem, this could be more than enough for you to be given sole custody. This is especially true if the other parent has exposed your child to drug-related activities.
If you are wanting to obtain greater child custody rights in the Granite City, IL area, give our team at Elovitz Law Office a call today! We are here to make sure you’re able to get the child custody that you deserve.