Ryan Family Law, P.C.
Ryan Family Law, P.C.

Elgin, Illinois

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Our Hours:
Friday 9AM–12PM
Monday 9AM–5PM
Tuesday 9AM–5PM
Wednesday 9AM–5PM
Thursday 9AM–5PM

Does a younger parent have more trouble in family court?

When you realized that your spouse wanted a divorce, one of the things that really bothered you was that you are so much younger than your spouse. They’re much older than you, so they’ve had time to build up their assets and wealth.

As a parent, you want what’s best for your child, but you worry that you’ll be fighting a losing battle in court because of your age and your lower income. Additionally, since you didn’t have as much before the marriage, you have fewer assets to support you following the end of your marriage.

Your age shouldn’t play a role in child custody

For the most part, a parent’s age doesn’t play much of a role in child custody cases. In your case, whether you’re 20, 25, 40 or 60, you can still be an excellent parent and wonderful role model. There is no real reason why you shouldn’t be able to care for your child in an appropriate manner.

You may have other issues to work through, such as finding a better-paying job or seeking out spousal support to make sure you have the money you need after your separation, but age itself isn’t a defining issue.

Problems that do hurt you in court are more severe. They may include actions like:

  • Being rude about your spouse or children in court
  • Posting negative or inappropriate content on your social media pages
  • Losing your temper or committing domestic violence against your spouse
  • Bringing a new partner to court with you
  • Coming to court dressed inappropriately
  • Dealing with an uncontrolled or untreated substance use disorder

As a parent, your hope is that your child will grow up happy and healthy. In some cases, it makes sense for a more established parent to have more parenting time, because they do have the support needed to keep your child comfortable. At the same time, most courts and judges like to see parents share custody as close to 50-50 as possible, so your child gets the benefit of receiving support and attention from both parents.

If you’re concerned, take some time to learn about ways to improve your appearance and reputation in court. Negotiating an agreeable custody arrangement with your spouse may benefit your case, too.

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