Understanding the Rights of the Father During an Illinois Divorce

 Posted on February 10, 2023 in Family Law Blog

Child custody issues during Illinois divorce can often be contentious, as both parents may have strong opinions about their children's future. Many fathers worry about their rights during a divorce. They assume that Illinois divorce courts favor mothers over fathers. However, it is essential to remember that Illinois law recognizes both parents' involvement in their children's lives as equally vital to safeguard the children's best interests, regardless of the gender of the parents. 

During a divorce case, the court will decide issues regarding custody and parenting time in accordance with the children's best interests. In Illinois, there is a presumption that both parents have the right to meaningful relationships with their children, and both should be allowed to make decisions regarding their children's upbringing. 

If you are a father getting divorced and have concerns over your rights as a father, you are not alone. Consider contacting an experienced fathers' rights attorney who can work to ensure your rights remain protected and respected throughout the process. 

How Will the Court Decide on the Allocation of Parental Responsibilities? 

When deciding custody and parenting time, the court will consider several factors, including the parents' wishes, the children's relationship with each parent, the children's adjustment to their home, school, and community, and the mental and physical health of each parent. If a parent has a history of abuse or neglect, this will also be taken into consideration by the court when these considerations.

Fathers also have the right to request and receive child support payments from the other parent if they have the majority of the parenting time. However, keep in mind that the amount of child support will be determined based on the parents respective income.  

Fathers must understand that their rights during divorce cases in Illinois are protected by law. If you, as a father, feel like your rights are being violated or that a custody or support determination is not in the children's best interest, do not hesitate to contact a seasoned family law attorney who will work to ensure your rights are not trampled upon.  

Contact a Lombard, IL Divorce Attorney

Contact the astute DuPage County fathers' rights lawyers with A. Traub & Associates if you are a father getting divorced and are concerned about your rights. Call 630-426-0196 for a private consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000