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Why You Need a Fathers’ Rights Lawyer in Divorce

When you are going through a divorce in the Chicago area and you have minor children from your marriage, or you are going through a breakup and share minor children from that marriage, you will also need to plan for a child custody case.

To be clear, child custody cases will be part of any divorce case, but you will also go through a child custody case in Chicago if you are splitting from a current partner with whom you share children. For fathers, it is essential to have experienced fathers’ rights lawyers to assist you. One of our attorneys can speak with you today about your case. In the meantime, we want to provide you with more information about why you need a fathers’ rights lawyer in your divorce.

Why You Need An Illinois Fathers’ Rights Lawyer

Your fathers’ rights attorney in Chicago and the surrounding area will advocate for your right to parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Under the IMDMA, courts do not award child custody to one or both parents in a divorce but rather allocate “parental responsibilities”. Parental responsibilities include significant decision-making responsibilities (e.g., making decisions about where your child will attend school, your child’s religious upbringing) and parenting time (e.g., providing caretaking functions for your child on a day-to-day basis).

If you share minor children with your spouse, you will need a fathers’ rights lawyer who has experience advocating for fathers to be allocated parental responsibilities. The IMDMA recognizes that children have a right to “a strong and healthy relationship with parents,” and courts use the “best interests of the child” standard when allocating parental responsibilities.

Fathers Can Face Implicit or Unconscious Bias and Need a Strong Advocate

To be clear, the IMDMA does not allow courts to favor a mother over a father in any capacity when it comes to the allocation of parental responsibilities, simply based upon gender. Indeed, Illinois focuses on each parent’s rights when it comes to playing a role in their children’s lives. Yet the law cannot fully account for implicit or unconscious bias that may find its way into a child custody case. To be clear, people can have unconscious or implicit biases that affect the ways in which they perform certain actions or make certain decisions without even realizing that their unconscious biases are impacting their behavior.

According to the Stanford University Encyclopedia of Philosophy, “research on implicit bias suggests that people can act on the basis of prejudice and stereotypes without intending to do so.” Implicit bias can sometimes affect child custody cases, and it is particularly critical for fathers to have experienced child custody lawyers who can show that they should be allocated both significant decision-making responsibilities and parenting time.

Frequently Asked Questions About Fathers’ Rights In Illinois Family Law

Do fathers have equal rights to mothers in Illinois?

Absolutely. In Illinois, the legal framework does not discriminate based on gender when it comes to parental rights. Both fathers and mothers are afforded equal treatment in the allocation of parental responsibilities and parenting time. The court’s principal concern lies in determining what is best for the child, rather than adhering to gender biases.

What if the parents are not married?

In the case of a child born to parents who are not married, the mother automatically receives sole legal and physical custody until paternity is confirmed. This means that the mother has the exclusive authority to make decisions regarding the child’s upbringing. For an unmarried father to gain any legal rights concerning custody or visitation, he must take active legal steps to establish paternity.

How can a father establish paternity in Illinois?

There are three main pathways to establishing paternity in Illinois:
Voluntary Acknowledgment of Paternity (VAP) – This is a simple form that both parents can sign, often completed at the hospital shortly after the child’s birth, acknowledging the father’s parentage.
Administrative Paternity Order – This option involves the Illinois Department of Healthcare and Family Services (HFS) issuing a paternity order based on genetic testing results that confirm biological fatherhood.
Judicial Paternity Order – If disputes arise, a father can seek a court order following a formal paternity suit, which typically includes DNA testing for verification. Establishing paternity is crucial as it allows the father to petition for both parental responsibilities and parenting time, ensuring his involvement in the child’s life.

What rights does a father gain after establishing paternity?

Once legal parentage is confirmed, the father obtains several important rights, including the ability to:
  • Make significant decisions regarding the child’s education, healthcare, religious upbringing, and extracurricular activities.
  • Enjoy parenting time, which refers to the schedule during which he can spend time with his child.
  • Access vital information such as school records and medical records related to the child’s welfare.
  • Actively participate in the child’s developmental and emotional upbringing.
It is essential to note that these rights are not automatically conferred; they must be legally granted by the court based on what it deems to be in the child’s best interests.

Can a father obtain joint custody?

In Illinois, the terminology has shifted from “custody” to a focus on the allocation of parental responsibilities. Courts now allocate:
  • Significant decision-making responsibilities, which can be shared between both parents.
  • Parenting time schedules that outline when the child will spend time with each parent.
Fathers can be awarded joint decision-making authority and substantial parenting time if they can demonstrate consistent involvement, the ability to provide a stable home environment, and a strong commitment to their child’s well-being.

What factors does the court consider when allocating parental responsibilities?

To determine the best interests of the child, the court carefully assesses a variety of factors, including:
  • The nature of the child’s relationship with each parent, as a strong emotional bond can play a pivotal role in the child’s development.
  • Each parent’s capacity to provide a stable and nurturing environment conducive to the child’s growth.
  • The willingness of each parent to encourage and facilitate ongoing contact and a healthy relationship with the other parent.
  • Any documented history of abuse, neglect, or substance use, which may impact the child’s safety and welfare.
The child’s own wishes and preferences, which may be considered depending on the child’s age and maturity level.
Fathers who engage actively in their children’s lives and create a safe and loving atmosphere are more likely to receive meaningful parenting time.

Can a father be denied visitation?

Visitation rights can only be restricted through a court order. If a father poses a genuine danger to the child or fails to adhere to the established parenting plan, the court may impose limitations or require supervised visitation. Importantly, a mother cannot independently deny a father access to the child without legal grounds. If visitation rights are obstructed, fathers should seek enforcement or modification of their parenting time through the court.

What if the father is behind on child support?

It’s important to recognize that child support obligations and parenting time are treated as separate legal issues. A father’s right to spend time with his child is not dependent on whether he is current with child support payments. If there are outstanding support obligations, these should be addressed through the Illinois Department of Healthcare and Family Services or the court, rather than by withholding visitation.

Can fathers modify parenting plans?

Yes, modifications to parenting plans are permitted when there is a substantial change in circumstances. Examples of changes that may warrant a modification include:
  • Relocation of either parent
  • Changes in the child’s needs as they grow and develop
  • Alterations in a parent’s work schedule or health status
  • Evidence of abuse or neglect that affects the child’s safety or well-being

Any modifications must be submitted to the court for approval and supported by credible evidence. Fathers in Illinois possess the legal right to be actively engaged and involved in their children’s lives. Whether married or unmarried, taking the steps to establish paternity, seeking appropriate parental responsibilities, and adhering to court orders are essential actions toward securing and exercising those rights. Seeking legal guidance can significantly assist fathers in effectively navigating the complexities of family law and advocating for their children’s best interests.

Contact Our Chicago Fathers’ Rights Lawyer

If you are planning on a divorce and have minor children from your marriage, it is critical to get in touch with a Chicago area fathers’ rights attorney to learn more about your options and strategies in your case. One of our experienced lawyers can speak with you today. Contact Gordon & Perlut, LLC to learn more about the services we provide to fathers who are going through divorces in Illinois.

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