Can Standard of Living Before Divorce Impact Custody? | IL

 Posted on September 30, 2024 in Child Custody

Throughout the divorce process, parents and their attorneys prioritize making the transition as smooth as possible for their children. One critical factor that often comes into play in child custody discussions is the standard of living the children were accustomed to before the divorce.

Understanding how this standard can impact decisions equips parents to advocate effectively for their children's best interests. In Illinois, where custody is known as parental responsibilities and parenting time, preserving a child's pre-divorce lifestyle can play a major role in these negotiations.

What is the Standard of Living?

The term "standard of living" refers to the economic and social conditions a family enjoys, including the quality of housing, access to educational opportunities, participation in extracurricular activities, and overall lifestyle. In Illinois, Courts aim to ensure children maintain as much consistency in their lives as possible after a divorce.

Judges typically view the pre-divorce standard of living as an important benchmark. Judges often consider how maintaining this level of stability could support a child's emotional well-being and development. As a result, parents who demonstrate the ability to provide an environment that reflects the family's prior lifestyle may have an advantage in custody negotiations.

How the Standard of Living Affects Custody Decisions

Family Courts frequently evaluate how divorce-related changes might impact a child's quality of life. Parents who can show that they can offer a stable, comfortable environment in line with the pre-divorce standard of living might gain an edge in custody discussions.

For example, suppose a child was actively involved in certain activities, such as sports or art classes, before the split. In that case, a parent may argue that remaining in the same neighborhood and maintaining continuity in these activities is in the child's best interest. By living with the parent in that same neighborhood, not only will the child have the benefit of staying in a familiar area close to school, friends, and other activities, but the child will also enjoy the added support provided by the custodial parent. 

Courts often look favorably on parents who can provide such continuity, seeing it as a way to help children adjust more smoothly to new circumstances, and a parent in this situation may be able to successfully argue for more parenting time. 

In these situations, having an experienced attorney can be crucial. A lawyer can help articulate how maintaining the child's lifestyle contributes to their emotional and psychological well-being, strengthening the custody case.

Contact Our Palatine, IL Child Custody Lawyer

Ultimately, the Illinois legal system is designed to protect the best interests of the child. With the help of a knowledgeable lawyer, parents can advocate for their child's well-being while ensuring they maintain as much stability as possible through the divorce.

If you are navigating child custody issues and want to ensure your child remains a priority, contact the skilled Hoffman Estates, IL child custody attorney at The Law Office of Nicholas W. Richardson, P.C.. Call 847.873.6741 today for a free consultation.