Why You Need a Fathers’ Rights Lawyer in Divorce

Why You Need a Fathers’ Rights Lawyer in Divorce

By: Gordon & Perlut, LLC

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 our 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.

A Chicago Fathers’ Rights Lawyer Will Advocate for Your Right to Parental Responsibilities

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.

Contact a 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.