Dealing with contested child custody disputes

On Behalf of | Oct 27, 2022 | Child Custody |

When Illinois parents who have younger children get divorce, one of the most difficult things to deal with is child custody. In many cases, the child custody battle can be quite contentious, and it can be very difficult for the child to cope with. That’s why courts should handle the children appropriately when their parents are fighting over them.

The questions

The questions should be designed to help the court understand what the child wants and how the child is feeling. However, there are certain things that the court should not ask the child. For example, the court should not ask the child to choose between his or her parents. Also, the court should not ask the child to testify about what happened in the family home. This can be very traumatizing for the child and can make the child feel like they are being forced to take sides.

Ensuring that the child is fully relaxed and comfortable

It is important for the child to feel relaxed and comfortable during the custody proceedings. Judges can do this by making sure that the child is not in the courtroom when their parents are
testifying. Also, the child should not be asked to testify unless it is absolutely necessary. If the child does have to testify, the questioning should be done in a way that is respectful and sensitive to the child’s feelings.

Allowing the child to have a say in the outcome

The child should get the chance to express his or her wishes in the court proceedings. Judges can do this through a guardian ad litem or through an attorney for the child. The child’s wishes should be given serious consideration by the court when making a child custody determination.

Courts should always keep children’s best interests should always in mind when making a custody determination. The court should also consider the child’s age, health and relationship with each parent to ensure that the child has a stable and loving home life.