Stelk small RWS logo

How Your Home May Impact Your Child Custody Case

Judges may consider each parent’s living accommodations when determining parenting time in Illinois. While considerations may vary depending on the court, judges typically look at the children’s ages, genders, and the number of kids when evaluating the parental homes.

The Number of Children

Judges will determine whether or not the number of children will affect the standards of living in the home. If a parent has multiple children, he or she may be required to have more space available to accommodate them when spending the night at the home.

For instance, if a parent has three children, the judge may not make a decision in his or her favor if the children will need to share a single bedroom or if the children need to sleep on the couch or other furniture.

Courts will also consider whether the children are from one or multiple relationships and whether they live with the parent on a regular basis.

Children’s Genders and Ages

When children are of the opposite sex, the courts may require the parents to provide the children with as much privacy as possible, whether this entails providing the child with his or her own bathroom, bedroom, or another space.

With regard to age, older children will generally require more space than younger children. The court may make an unfavorable decision if, for example, an older child in high school is required to share a bedroom with a younger sibling who’s still in elementary school.

Safety of the Children

Courts will also take into account the overall safety of the parent’s home and the local area. If a child is at risk of injury in the home or neighborhood, this might result in limitations for overnight visits.

Parents should learn what they can about their neighborhoods, including the types of crimes that occur, how often they take place, and whether any sex offenders live in the area.

Ability to Adjust

Children who are used to living in a certain space such as a larger home may have difficulty adjusting to a new space. Courts will consider how the new environment will affect the child psychologically.

Living accommodations could affect decisions around parenting responsibility and visitation. Parents should determine whether living accommodations are appropriate for one or more children if they want the court to make a decision in their favor.

author-bio-image author-bio-image
Roger W. Stelk

Arlington Heights family law attorney Roger W. Stelk provides legal representation and advice to people facing divorce, child custody, and real estate law matters in Cook County, the Northwest suburbs of Chicago, and Northern Illinois. As the founder of the Law Offices of Roger W. Stelk, his goal is to provide the highest quality legal services in a professional, personal and comfortable atmosphere.

Years of Experience: More than 30 years
Illinois Registration Status: Active

Bar Admissions: Illinois State Bar Association McHenry County Bar Association Northwest Suburban Bar Association

Go Back <<
author-bio-image author-bio-image
Roger W. Stelk

Arlington Heights family law attorney Roger W. Stelk provides legal representation and advice to people facing divorce, child custody, and real estate law matters in Cook County, the Northwest suburbs of Chicago, and Northern Illinois. As the founder of the Law Offices of Roger W. Stelk, his goal is to provide the highest quality legal services in a professional, personal and comfortable atmosphere.

Years of Experience: More than 30 years
Illinois Registration Status: Active

Bar Admissions: Illinois State Bar Association McHenry County Bar Association Northwest Suburban Bar Association

Go Back <<
HIGHLY AWARDED & RECOGNIZED
McHenry County Bar Association logo
Defending Liberty Pursuing Justice logo
Avvo logo
Illinois State Bar Association
NWSE logo
Super Lawyers logo