If My Husband is a Domestic Abuser, Can He Get Parenting Time with our Children?

 Posted on September 15, 2024 in Family Law

If you had to deal with domestic abuse during your marriage or during your divorce, you may be anxious about whether your ex can get parenting time with your children. Domestic violence impacts thousands of Illinois families each year, and no one would dispute that domestic violence is not healthy for childhood development. Illinois courts do pay special attention to claims of domestic violence when deciding child related issues, but unless the abused spouse filed police reports and shared the abuse with friends or family members, it can be difficult to prove.

Since the courts always work toward an allocation of parental responsibilities that reflect the best interests of the child, they will not choose to put a child with a domestic abuser. However, it can be a complex issue. If you are facing a spouse who abused you during your marriage and perhaps even abused your children, you must speak to a knowledgeable St. Charles, IL child custody lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.

How is the Allocation of Parental Responsibilities Determined in Illinois?

The court must decide both decision making and parenting time when parents cannot reach an agreement themselves. Decision making, referred to as allocation of parental responsibilities is usually shared between parents and involves making major decisions for the children, including those related to education, religion, and medical issues. Parenting time refers to which parent the child primarily lives with, while the other parent has visitation rights.

In some cases, there is a true 50/50 split on both allocation of parental responsibilities and parenting time. However, this only works if the parents live in very close proximity and get along extremely well. The judge will consider all the following factors when deciding parenting issues:

• The current relationship the child has with his or her siblings, parents, grandparents, and others
• How well the child has adjusted to his or her home, school, and community, and how harmful it would be to the well-being of the child to change those things
• Whether either parent has a drug or alcohol addiction
• Whether one parent has exhibited physical violence toward the other parent or the child
• Whether each parent is clearly willing to encourage a relationship between the child and the other parent
• The physical and mental health of the parents
• The physical and mental health of the child

If you have orders of protection or you have filed police reports as a result of domestic violence, these will be used by the court during the child related determinations to ensure the child is safe. The court may order supervised visitation with the parent who has a history of domestic abuse or may order the abuser to seek professional help. If domestic abuse occurs after the parenting order is in place, the court will take steps to ensure your safety and the safety of your child.

Your ex may be ordered to stay away from you, your place of employment, and other places where you are present if there has been a recent instance of domestic violence. If alcohol or drugs are a problem, the abuser may be ordered to attend alcohol or drug counseling, and the abuser may be prohibited from owning a firearm. Your ex may not use parenting time with your child as an opportunity to harass you and may not abuse or endanger the child during parenting time. In more extreme cases, the abuser may only be allowed to have electronic communication with the child rather than parenting time.

Contact a Kane County, IL Child Custody Attorney

At MKFM Law, we understand the many nuances of family law issues, including all parenting related situations. Dealing with parenting issues can be so much simpler when you have a St. Charles, IL child custody lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC by your side from start to finish. Our extensive experience benefits you and your child during a divorce and parenting issues. We strive to make speaking to our attorneys as comfortable as possible, serving our family law clients at our offices in Kane County and DuPage County. Schedule an initial attorney meeting with Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 to discuss your child parenting issues.