Illinois fathers fighting for custody of their children face a long history bias. Historically, family court judges have assumed that mothers should be the primary caregivers to children. Illinois fathers have the right to create a strong bond with their children. Family court judges should not assume that mothers should necessarily act as primary caregivers based on their gender.
If you are a father fighting for custody of your children or you would like an increased amount of visitation time, we can help. The skilled family law attorneys at Glasgow and Olsson understand the unique challenges that can arise in Illinois family law matters. If you need assistance in legal issues involving child custody and visitation, contact our Schaumburg law firm today to schedule your initial consultation.
Fathers’ Rights in Illinois Child Custody and Visitation Disputes
Illinois judges must determine child custody based on the “best interest of the child.” A judge cannot automatically determine that one parent deserves custody at the beginning of the case. Instead, he must view both parents equally then consider the relevant factors outlined in Illinois’ family laws.
A judge cannot assume that granting primary custody to a mother would be in the best interest of the child simply because she is their mother. Instead, a judge must analyze the following factors to come to a decision:
- The physical and mental health of the child
- Any domestic violence history
- The living situation of each parent
- The relationship between each parent and the child
- The parent and child’s desires for custody
- Each parent’s physical and mental health
- Each parent’s willingness and ability to care for the child
Illinois Fathers’ Right to Child Support
When an Illinois judge grants a father primary custody of his child, he has the right to seek child support from the child’s mother. Courts cannot discriminate based on gender when it comes to awarding child support. Fathers are equally entitled to mothers when it comes to how judges determine child support under Illinois family law.
If you’re a father and an Illinois family court unjustly denied your right to child support, we can help. One of our skilled Chicago area family law attorneys can fight for your right to child support.
How to Establish Paternity in Illinois
Fathers must establish paternity in Illinois before they are able to take advantage of their parental rights. Illinois law recognizes four ways to establish paternity, to include:
- Signing a Voluntary Acknowledgement of Paternity (VAP)
- Filing a paternity action in an Illinois family court
- The Department of Healthcare and Family Services’ Child Support Services issues a paternity order
- The parents marry after the birth of the child
We Help Illinois Fathers Fight for Their Rights in Illinois Family Courts
If you are unsure how to begin fighting for your right to custody or child support, contact our law firm to set up your initial consultation. One of our family law attorneys can review your case and help you fight for your rights as an Illinois father.
(image courtesy of Steven van Loy)