How Often Do Fathers Get Equal Custody in Illinois?

How Often do Fathers Get Equal Custody in Illinois?

By: Gordon & Perlut, LLC

Illinois child custody proceedings determine parental rights and the amount of time the child spends in each parent’s home. While mothers are not automatically favored as they once were in the past, fathers still need an experienced fathers’ rights lawyer in Chicago on their side. At Gordon & Perlut, LLC, we protect you and your child’s best interests in these proceedings. Find out more about how often fathers get equal custody in Illinois and factors that are likely to influence your case.

Protecting The Rights of Fathers In Illinois Child Custody Proceedings

In previous generations, family courts often followed the ‘tender years doctrine’. This was a legal principle that held children were generally better off in the care and custody of their mother. When parents were divorced or unmarried, fathers faced an uphill battle simply in being awarded visitation, much less custody. Fortunately, this has changed over the years.

Today, Illinois child custody proceedings focus on parenting plans that can allow both parties to play an active and engaged role in the child’s life. However, fathers still often fail to get equal custody. Research conducted by Custody X Change shows that in our area, less than a quarter of total custody time (23.1 percent) is awarded to fathers. This is significantly less than in some other states.

As a father, how can you protect your rights and improve your chances of getting equal custody in Illinois child custody proceedings?

  • If you are unmarried, get a paternity test to prove you are the father
  • Maintain frequent and ongoing contact with the child, in whatever ways possible
  • Contribute to your child’s care and support, regardless of whether you are going through a divorce or have a contentious relationship with the mother
  • Get our father’s rights lawyer in Chicago on your side

Factors A Judge Will Consider In Illinois Child Custody Cases

Illinois child custody laws have changed dramatically over the years. Instead of referring to ‘child custody’ which may be awarded to one parent or the other, the court now aims for allocating parental responsibilities. However, under the Illinois marriage dissolution Statutes (750 ILCS 5/602.5), the court’s primary concern is protecting the best interests of children in this situation. There is nothing in the law that requires both parents to be allocated parenting time. Factors a judge will likely consider in your case include:

  • Your current and prior relationship with the child
  • Your ability to nurture and provide for their needs
  • Your willingness to cooperate with their mother in implementing parenting plans
  • Any factors that could put the child at risk, such as allegations of abuse, criminal behavior, or drug and alcohol problems

Get Our Father’s Rights Lawyer In Chicago On Your Side

Fathers can face an uphill battle when it comes to Illinois child custody proceedings. To protect yourself and your relationship with your child, get our Chicago father’s rights lawyer on your side. Call 312-360-0250 or contact Gordon & Perlut, LLC online today to request a no-obligation, free consultation.