Understanding Your Rights as a Father in Illinois Family Court

 Posted on October 16, 2025 in Family Law

Fathers have important legal rights when navigating family court in Illinois during divorce and child custody cases. Still, many dads do not fully understand what those rights are or how to use them. The experienced DuPage County, IL fathers’ rights lawyers at A. Traub & Associates can guide you through each step and help you protect your role in your child’s life.

Presumption of Equal Parenting Time in Illinois

In recent years, Illinois law established a presumption that both parents are fit and that equal parenting time is in the children’s best interests. This means judges often try to create a schedule that gives both parents close to equal time with their children.

Under 750 ILCS 5/602.7, the court looks at several factors when considering a parenting plan. These include the child’s relationship with each parent and each parent’s wishes. The court also looks at how the child is adjusting to their home, school, and community. Unless there is proof that one parent is unfit or the situation is unsafe, judges usually aim for a plan that keeps both parents involved.

Fathers’ Right to Seek Joint Custody in Illinois

Illinois courts prefer shared parental responsibilities, commonly called joint custody. This means both parents share in making important decisions for their child. Common examples include choices about schooling, healthcare, and religious upbringing.

This does not always mean equal parenting time. It means you have an equal voice when it comes to major decisions that can impact your child’s well-being. The law under 750 ILCS 5/602.5 describes how these parental responsibilities are divided. Fathers who attend school meetings, doctors’ appointments, and extracurricular events can show that they are capable of sharing this responsibility.

Establishing Paternity in Illinois

If you are not married to your child’s mother, you must first establish legal paternity. This step confirms that you are the child’s legal father. Without it, you cannot request custody or parenting time rights in court.

You can establish paternity by signing a Voluntary Acknowledgment of Paternity (VAP) in the hospital when the child is born, or later, with the Illinois Department of Healthcare and Family Services. If there is a dispute, a judge can order a DNA test under 750 ILCS 46/401. Once paternity is confirmed, you have the right to seek your fair share of parental responsibilities.

Parental Duty to Financially Support Children in Illinois

With parental rights come financial responsibilities. Illinois uses an "income shares" model, found in 750 ILCS 5/505, to calculate child support. This model looks at both parents’ incomes and estimates how much each should contribute to the child’s needs.

If you are ordered to pay child support, you must do so even if you have limited parenting time. These payments help cover housing, food, clothing, education, and medical care for your child. Paying on time not only benefits your child but also shows the court that you take your role seriously. It can also improve your standing if you later request more parenting time.

Fathers’ Rights When Mothers Relocate with Children

In Illinois, if a parent wants to move far away, the law, under 750 ILCS 5/609.2, requires that they get court approval before moving more than a certain distance. Depending on where you live, that distance is usually between 25 and 50 miles.

If your child’s other parent wants to move, you have the right to object. The court will consider how the move could affect your child’s school, friends, and relationships. If the relocation would negatively interfere with your relationship, you can ask the court to modify custody or even request that your child live with you.

Fathers’ Protection Against False Accusations

During heated custody cases, one parent might make false claims to damage the other’s reputation. This can include accusations of abuse, neglect, or substance use. Fathers should know that Illinois law requires evidence for these claims before any action is taken.

If this happens to you, stay calm and follow all legal instructions. Cooperate fully with law enforcement or child welfare agencies. Keep records of your parenting time, text messages, and emails. These details can help your attorney show that the claims are false and that you are a safe, loving parent.

Modifying Parenting Plans as Children Grow

Life changes, and so do parenting arrangements. Illinois law allows parents to request changes, called modifications, if there has been a "substantial change in circumstances." This could include a new work schedule, a change in your child’s needs, or a relocation.

Under 750 ILCS 5/610.5, the court can modify parenting time if the change benefits the child. Fathers who continue to stay active in their children’s lives and follow court orders are in a strong position when asking for changes.

Fathers’ Right to Respect from the Court System

All parents, including fathers, deserve to be treated fairly and respectfully in family court. Judges and court staff are expected to remain neutral. If you believe that bias or unfair treatment has influenced your case, you can speak with your attorney about how to document it.

Raising these concerns respectfully and through proper channels matters. Written records and professional communication can make a big difference if your case goes to appeal. Many Illinois counties also offer programs and clinics designed to help fathers understand their rights and navigate the court process.

Why Legal Representation Matters for Illinois Fathers

Family cases can be emotional, and misunderstandings are not uncommon. An experienced attorney can help make sure your voice is heard. Some ways a lawyer contributes to family legal issues include:

• Filing petitions to establish paternity, custody, or parenting time

• Responding quickly to false claims or legal challenges

• Enforcing court orders when the other parent violates them

• Requesting modifications when your child’s needs change

• Presenting evidence showing your positive role in your child’s life

Contact a DuPage County, IL Family Law Attorney

If you are facing a custody dispute or need help enforcing your parenting plan, an experienced attorney can guide you through the process and help you stand up for what is fair.

With more than two decades of experience, Attorney Angel M. Traub, the founding partner at A. Traub & Associates, focuses her practice on family law and helping parents preserve meaningful relationships with their children. Our Wheaton, IL fathers’ rights lawyers are committed to protecting your parental rights. Call 630-426-0196 to get started.