A custody dispute between two high-earning professionals is not a simple case. You both have resources, and you both have capable attorneys.
The Illinois court will still decide parenting time and responsibility, also known as child custody, based on the best interests of your child and it weighs a range of factors to make that call. What you earn matters far less than how you behave, and here are three key behaviors you may need to watch out for.
Letting your resources become a weapon
Having money gives you options, but it also gives you the ability to make a legal fight longer, louder and more painful than it needs to be. Illinois courts evaluate whether each parent encourages the child’s relationship with the other parent, and using money to obstruct or delay undermines this factor.
When you use financial leverage to pressure your co-parent or draw out the process, a judge will likely take note since that kind of maneuvering can signal to the court that your priorities are competitive, not parental.
Treating texts, emails and social media like a private diary
You may be used to direct, assertive communication and in your professional life, that approach may work well. In a custody case, that same style can work against you.
Illinois courts routinely accept digital communications as evidence, so every text, email and social media post you send is potentially part of the court record. A pattern of hostility or contempt toward your co-parent tells the court something about the home environment your child lives in.
Courts view these communications as evidence of your judgment and ability to co-parent effectively. The messages you send today could appear before a judge tomorrow.
Putting your child in the middle
Illinois law specifically weighs each parent’s willingness to support the child’s bond with the other parent. Speaking negatively about your co-parent, using your child to relay messages or making your child feel guilty for time spent with the other parent all work against you in court.
In high-conflict cases, the court often appoints a guardian ad litem to observe these dynamics closely. What your child experiences in your home is part of the record.
Your conduct is part of your case
Illinois courts look at the whole picture. How you act during this process reflects the kind of parent you are now and the kind you will be going forward. Reducing conflict through alternative dispute resolution such as mediation often serves your child better than prolonged litigation.