What Are My Rights as a Parent in a Custody Battle?

 Posted on October 22, 2025 in Child Custody / Parental Responsibilities

When you and your ex have different ideas about how to handle custody, you may end up in a prolonged legal dispute over your child. If you are unfamiliar with Illinois law, you may feel like you are at a disadvantage during the proceedings. During this stressful period, having a lawyer is very important.

At The Law Offices of Curtis Bennett Ross, L.L.C., we can provide you with legal counsel to help protect your parental rights. With over 30 years of legal experience, our Skokie, IL child custody attorney has represented numerous clients in family law disputes, so you can trust us to stand up for you in a contested custody dispute.

Understanding Your Parental Rights in a Custody Dispute

No Undue Restrictions on Parenting Time

You may wonder if the judge will show favoritism to your ex in the allocation of parenting time based on traditional assumptions about mothers and fathers. In Illinois, however, parenting time is split according to what is best for the child, first and foremost. Furthermore, the law specifically states that "the court shall not place any restrictions on parenting time" (750 ILCS 5/602.7) unless it would pose a serious risk to your child’s well-being.

The state of Illinois presumes that both parents are fit unless proven otherwise. If you are accused of endangering your child, our firm can contest the allegations in court, supporting your case with evidence and witness testimony.

Consideration of Each Parent’s Wishes

When it comes to major custody decisions about parenting time and decision-making responsibility, the courts will consider many factors to find out what is in the child’s best interests. The wishes of each parent are included in these factors, and your preferences about custody will be given weight by a judge.

Your opinion deserves fair consideration in a custody dispute. Our firm can help you communicate your wishes to the court, and help you come up with a parenting plan proposal that suits your own needs as well as your child’s.

Protection Against Parenting Time Interference

Even if you have a lesser share of parenting time throughout the year, that does not mean you are somehow less important to your child. The state of Illinois forbids parents from hiding or keeping a child away from the other parent who is exercising his or her custody rights. This crime, known as parenting time interference, is charged as a petty offense, but it can rise to the level of a misdemeanor for repeat violations.

Our firm can also help you pursue enforcement of a parenting time order in court if your ex repeatedly infringes upon your rights. This may involve filing a Petition for Rule to Show Cause, requesting the court to hold your ex in contempt for a violation. Alternatively, you could file a Motion to Enforce to simply ask your ex to follow the court order without imposing any punishments.

Contact a Skokie, IL Child Custody Lawyer

At The Law Offices of Curtis Bennett Ross, L.L.C., we understand how overwhelming custody proceedings can be, especially if you have not been informed of your rights. Our Rolling Meadows, IL family law attorney can work closely with you to safeguard your interests as a parent. To schedule a free limited consultation today, call our offices at 312-984-1514.