When Complex Divorce And Family Law Matters Must Be Handled Right, People Turn To Us

When Complex Divorce And Family Law Matters Simply Must Be Handled Right, People Turn To Us

Lawyers Protecting Mothers’ Rights In Illinois

Last updated on July 14, 2026

There is no presumption under Illinois law that mothers will be awarded custody in a divorce. More and more fathers are suing for primary placement or shared custody, including well-connected breadwinners or stay-at-home dads who can make a compelling argument to the court.

In other words, you might have to fight for your parental rights. The experienced family law attorneys of Taege Law Offices are effective advocates for mothers’ rights in divorce, custody and related proceedings. We have successfully represented women throughout the Chicago area, and we invite you to learn more about how we can help you stand up for what is most important.

How Illinois Courts Decide Custody Today

In the past, courts defaulted to awarding custody or allocation of parental responsibilities to mothers, especially custody of young children. That is not automatically the case any longer.

The court considers the best interests of the child, wherever those chips may fall. Working moms are at a disadvantage if the dad can show that he has been the primary caregiver. Conversely, if your spouse was the high earner and you have been out of the workforce, his side might argue that he has more wherewithal to provide a stable home for your children.

Our lawyers know how to challenge these arguments and make the case for awarding sole or primary placement to you instead of the father.

How We Help Illinois Mothers Protect Their Parental Rights

We advocate for mothers’ rights, representing divorcing moms, divorced moms and unmarried mothers in many scenarios:

Custody disputes – Allocation of parental responsibilities and parenting time
Parenting plans – Negotiating schedules, drop-offs, summer vacation, child-rearing decisions, etc.
Paying child support – Ensuring fairness if the father is awarded support
Custody relocation – Moving the children out of Illinois or to the other end of the state
Paternity actions – Compelling payment of child support or fighting unsupervised visitation
Parental alienation – Attempts by the father to undermine your bond with your children
Child support modification – Petitioning the court to increase (or decrease) support based on a change in economic circumstances
Enforcement and contempt of court – Holding the other parent accountable for failing to pay child support or violating the parenting plan

Whatever stage you are in, we are here to guide you through every step and help you protect your parental rights.

Frequently Asked Questions About Mothers’ Rights In Chicago

Navigating mothers’ rights in Illinois raises many important questions. Below, we address some of the most common concerns you may face in Chicago family court.

Can a father get full custody in Illinois without the mother being declared unfit?

Yes, a father can get majority parenting time and sole decision-making in Illinois even if the court never declares you unfit. Illinois courts base allocation of parental responsibilities on the child’s best interests, which includes evaluating each parent’s ability to care for the child.

The court considers several key factors in custody cases. These include each parent’s bond with the child and their ability to provide a stable home. It also weighs each parent’s willingness to support the child’s relationship with the other parent. If the father presents a stronger case, the court may award him the majority of parenting time and decision-making responsibilities. Understanding how these factors work is critical to protecting your parental rights.

Do the children have a say in where they live?

In Illinois, a child can express a preference about where they live, but that preference does not control the outcome. A judge considers several factors when deciding how much weight to give a child’s wishes:

The child’s age
The child’s maturity
The reason behind the preference
The child’s relationship with each parent
Each parent’s ability to meet the child’s needs

Ultimately, the court always acts in the child’s best interests.

What happens if your ex violates your parenting plan?

When your ex-spouse violates your parenting plan, you have legal options to hold them accountable in Illinois courts. You may pursue one or more of the following to protect your parenting time:

Document the violation: Record each incident with dates, times and any relevant communication
File a motion for contempt: Ask the court to hold the other parent accountable for failing to comply with the order
Request a modification: Petition the court to update the parenting plan if violations continue
Seek makeup parenting time: Ask for additional parenting time to compensate for missed visits
Pursue enforcement: Work with the court to enforce the existing order through legal penalties

Acting quickly strengthens your position and helps protect your parental rights.

Your True Advocates In Family Law Proceedings

Our attorneys are based in Chicago and practice in the family courts of Cook, Lake, DuPage, Will and Kane counties. For trusted advice and formidable courtroom representation, please arrange a free and confidential consultation today. Call 312-667-7706 or use our email form.