The role of father’s post-divorce remains a contentious issue. In years past, mothers were often favored in custody hearings. Today, that is still the case when the child is very young. Very young children are often presumed to need their mothers more than their fathers. But this ends up creating a situation where the courts are unwilling to move children out of one residence and into another because it is presumed that continuity is in the best interests of the child.
Today, it is becoming more common to see the issue of father’s rights politicized—not just in the courts, but in the press, too. Social media movements surrounding men’s and father’s rights have sprung up around concerns that courts are unfairly favoring mothers in divorce. Are these attorneys leveraging cultural concerns over the role of fathers in the family or are they actually providing their clients with a distinct type of representation?
The Courts Determine What Rights Fathers Have
It is mostly marketing. While some attorneys take certain types of cases because they are familiar with those cases, they also advertise to those who are searching for certain types of representation. No attorney can guarantee you everything you want in a divorce settlement, especially when it comes to child custody. The courts will have to sign off on any custody arrangement you make and ensure that the arrangement is in the best interests of the children.
While attorneys often argue on behalf of fathers in custody disputes, the results that a “father’s rights” attorney can produce are no different than the results that a divorce attorney can produce. However, father’s rights attorneys tend to specialize in complex litigated divorces that include allegations of drug abuse, sexual abuse, physical or emotional abuse, or other issues that must be considered when determining custody arrangements. The laws regarding custody arrangements, visitation, and other matters are standardized by the courts. Father’s rights attorneys can do no more than plead their client’s case.
How Do the Courts Decide Custody?
The courts decide custody solely based on the best interests of the child. Typically, this means that the children reside with their mother or split time between two houses. Recently, parents have been moving themselves into and out of houses and then splitting the costs related to apartments so the children can remain in a stable environment even if they are not.
When a mother (or a father) makes accusations against the other parent, the courts are required to take those accusations seriously. The parent accused of abuse then has the option to deny the allegations and defend themselves against those allegations. Parents are required by the court to report any occasions of abuse. Visitation is still a possibility for parents who have committed abuse but made efforts to change.
Talk to a Chicago Divorce Attorney Today
If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.