Leveling The Playing Field For Fathers In Illinois Child Custody Proceedings
Historically, mothers were automatically awarded custody of children and were the gatekeepers of how much access the father had to his children. The Illinois courts and family law statutes have been overhauled to give dads equal consideration in divorce and custody proceedings and to establish legal standing for unmarried fathers to demand a role in their child’s life.
On paper, fathers have specific rights. Yet they still face bias and barriers in the legal system, from moms who game the system to certain judges who still decidedly favor mothers.
At Taege Law Offices, our attorneys are strong believers in fathers’ rights and the crucial role that dads play in raising healthy and happy children. We are proud of our reputation for effective advocacy of men in all facets of custody and co-parenting.
“Fathers’ Rights” Is Not A Dirty Word
In some circles, “fathers’ rights” has a connotation of woman-hating or scorched-earth tactics. That is not our approach or our value system. We simply stand up for fair treatment under the law for dads – nothing more and nothing less. We regularly represent fathers in a wide range of family law disputes, including:
- Contested custody – Fighting for primary placement or shared physical custody
- Parenting time – Maximizing the percentage of parenting time or enforcing visitation rights
- Parent relocation – Challenging a petition by the custodial mother to move the kids out of Illinois
- Parental alienation – Holding mothers accountable for intentionally driving a wedge between dads and their children
- Paternity actions – Establishing parentage for unmarried fathers and securing scheduled visitation or co-custody
- Modification hearings – Filing or fighting petitions to alter court orders relating to custody, visitation or child support
- Domestic violence protection orders – Defending against protective orders used as a weapon in divorce and custody proceedings
Our law firm also advocates for mothers’ rights when women are economically disadvantaged or otherwise not getting a fair shake in the court system.
Answers To Frequently Asked Questions About Dads’ Rights In Illinois
Below, we’ve answered some questions you may have about fathers’ rights in family law cases:
How does Illinois law view awarding equal parenting time in child custody cases?
In Illinois, the law does not automatically grant equal parenting time to both parents – though some legislators continue to push for such changes – and some courts start with this presumption. Instead, the court considers what arrangement will best serve the child’s needs and best interests.
The primary consideration is the child’s welfare, and the court evaluates various factors such as each parent’s living situation, the child’s relationship with each parent and each parent’s ability to care for the child. While equal parenting time is an option, it is not guaranteed. The best way to advocate for your fair share of parenting time is with the help of a fathers’ rights attorney in Chicago.
Is joint custody the same thing as equal parenting time?
No, joint custody and equal parenting time are not the same. Joint custody (sometimes called shared decision-making) refers to the shared responsibility for making significant decisions about the child’s life in matters like education, health care and religious upbringing.
Equal parenting time, on the other hand, refers to how much time the child spends with each parent. It is possible to have joint custody without having equal parenting time.
What can I do if I am falsely accused of abuse or negligence during child custody proceedings?
Being falsely accused of domestic violence is distressing. It’s unclear how often false allegations are leveled, but gaining an advantage in child custody disputes is one of the more common reasons for making false accusations.
If this happens to you, it’s important to remain calm and act responsibly. Gathering evidence that supports your case, such as communications, witness statements and professional evaluations, can be crucial. It’s also vital to work closely with an Illinois fathers’ rights attorney who understands the gravity of your situation and can effectively defend you in court.
Our lawyers work tirelessly to help falsely accused dads clear their names and assert their parental rights. They will do everything they can to prove that your co-parent is lying or exaggerating, and they will ensure that the judge duly considers this attempted deception.
How does the Illinois family court system protect fathers from discrimination or bias?
Illinois law requires that child custody decisions be made without regard to the gender of the parent. This means that fathers have the same rights as mothers in custody proceedings. The court must evaluate each parent’s situation and relationship with the child without bias or discrimination.
Unfortunately, because the family court system is run by humans, there is always the potential for bias and discrimination. If you feel that your rights as a father are not being respected, it is important to bring this to your attorney’s attention. Our Chicago fathers’ rights lawyers are steadfast advocates for their clients. They keep a close watch for any signs of bias on the part of judges or appointed court personnel to ensure that your case is handled fairly and that your parental rights are protected.
Our Role Is Supporting Fathers In Their Role
Taege Law Offices represents fathers in the Chicago area family courts, including Cook, Lake, DuPage, Will and Kane counties.
Please call us today at 312-667-7706 or reach out by email to arrange a consultation with an experienced attorney for fathers’ rights in Chicago.