110 E. Schiller Street, Suite 320, Elmhurst, IL 60126

Weiss-Kunz & Oliver, LLC312-605-4041


DuPage County Fathers' Rights Attorney

Oak Brook family law attorney for fathers' rights

Lawyers for Child Custody Issues Affecting Dads in Elmhurst, Park Ridge, and Chicago

When fathers need to deal with legal issues related to their children, they may feel that they are at a disadvantage. Even if a dad has been highly involved in his kids' lives, it can seem like mothers are given the benefit of the doubt in divorce and child custody cases. When facing disputes that affect your parental rights, it is important to work with an attorney who can advocate for your children's best interests and help you achieve results that provide for your family's ongoing success.

At Weiss-Kunz & Oliver, LLC, our family law attorneys are dedicated to helping our clients resolve their legal issues effectively. We can help you understand your rights as a father, and we will provide you with the representation you need when negotiating a settlement with your ex-spouse or litigating your case in court.

Fathers' Rights in Illinois Family Law Cases

As a married father going through a divorce or an unmarried father who wishes to maintain a substantial relationship with your kids, it can seem like you are treated as less important than your children's mother. However, Illinois' divorce laws state that both parents should be treated equally, and they should both be able to play a close and continuing role in raising their children. You should be aware of your rights when addressing the following issues:

  • Allocation of parental responsibilities - The right to make decisions about your children's upbringing may be shared equally by parents, or different areas of decision-making responsibility may be allocated to either parent. If your ex-spouse is unwilling to share responsibilities with you, the court may make decisions about child custody based on what is in the children's best interests while considering factors such as how you and your ex had previously handled decision-making for your children.
  • Parenting time/visitation - Under Illinois law, parents are presumed to be fit and able to care for their children, and they have the right to reasonable amounts of parenting time. You deserve to continue to spend quality time with your kids, regardless of your relationship with their other parent. If you cannot reach an agreement about parenting time with your ex, the court will allocate parenting time according to children's best interests. Factors the court may consider include the amount of time you spent caring for your children within the past two years.
  • Child support - In Illinois, child support obligations are based on the income earned by both parents, and each parent's amount of parenting time may also be a factor in these calculations.
  • Spousal maintenance - If your ex-spouse earns a higher income than you do, you have the right to seek support payments from them that will allow you to maintain your standard of living, regardless of their gender.
  • Property division - Decisions about child custody can play a role in determining how to divide marital property between you and your ex-spouse. For example, if your children will be primarily living with you, you may wish to ensure that your marital home is awarded to you.
  • Paternity - If you were not married when your child was born, you may not automatically be considered the child's legal father until paternity has been established (i.e., through DNA testing). Once you are named as your child's legal parent, you will have the rights to share child custody and parenting time. You may even be eligible for child support based on your time with the child and the income of your ex.

Contact a Park Ridge Fathers' Rights Lawyer

As a dad, you should not feel that you will be minimized or sidelined as a parent following your divorce or separation. Your children deserve to have you be a continuing presence in their lives, and you should be able to maintain a similar relationship with them as you had when you and their mother were together. As you proceed with the divorce process, you may need to deal with a variety of complex issues, such as a narcissistic ex-spouse, health issues, or concerns related to taxes and family wealth. The attorneys of Weiss-Kunz & Oliver, LLC can help you address these matters while working to protect your parental rights and your children's best interests. Contact us today at 312-605-4041 to arrange a consultation. We represent fathers in family law cases in Chicago, Park Ridge, Lincolnwood, River Forest, Elmhurst, Oak Brook, Hinsdale, Burr Ridge, Skokie, Cook County, and DuPage County.

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