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How Does Family Violence Influence Child Custody in Cook County?

Intimate partner violence or family violence rips thousands of families apart in Hinsdale, IL, every year. If it happens in a family once, it usually happens again, leading to a devastating emotional environment that is not healthy for child development. Due to this reason, courts in Illinois pay special attention to domestic violence claims when it comes to determining child custody cases.

What is Domestic Violence?

To understand the impact family violence can have on child custody cases, we need to understand the dynamics of such violent acts. Domestic violence is defined as a pattern of behavior that an individual uses to exert control over their partner or children via force or threats. It usually involves physical violence as well, such as:

  • Punching.
  • Striking.
  • Hitting.
  • Kicking.

Hinsdale child custody lawyers will tell you that this type of violence can include sexual and physical abuse. Both are criminal acts and are done to retain control. The violence can also increase in severity and frequency with time if you remain in that marriage. Even if your partner doesn’t hit you, the emotional abuse alone harms you and your children. These are not considered criminal acts, but the wounds they cause can take a long time to heal.

Illinois Takes a Reputable Presumption Stance

Illinois judges take a rebuttable presumption stance for child custody cases if parents have a domestic battery charge in their permanent records. This means the court assumes the child should not visit or live with the abusive parents to protect their best interests. The abusive parent may refute this assumption by presenting evidence to prove that they should have custody and visitation rights.
The judge decides whether they should be given this right by considering the following:

  • The effects of the abuse on the parenting abilities of both parents.
  • The nature of the abuse and the context surrounding it.
  • Whether the abuse has adverse effects on the child’s development, safety, and overall well-being.

Factors That Can Compel Judges to Deny Child Custody and Visitation

If a judge determines that the child’s mental, moral, physical, and emotional well-being is in jeopardy, they can also deny child custody and visitation. Some of the factors that can result in this decision include the following:

  • A parent hides or refuses to return the children, effectively kidnapping them.
  • A parent abuses or endangers the children during visits.
  • Acting in any manner that is against the children’s best interest.
  • Harassing their ex during visitations or anyone else in their home.

Important note: No judge in Illinois will grant visitation or child custody rights to a parent with a first-degree murder charge for murdering another family member.

Contact The Law Office Of Dan Walker For A Consultation Today!

If you are searching for compassionate and dedicated Hinsdale child custody lawyers, contact the Dan Walker Law Office for a consultation today! We have been in practice for over four decades and are committed to delivering efficient and knowledgeable legal services for families in Hinsdale, IL. Your children don’t deserve to live out their childhood in a violent home. We can help you get the justice and future they need to be happy and content. Contact us for a consultation today! Each of our meetings is strictly confidential, so you can rest assured nothing will be leaked to opposing parties.

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