DuPage County Fathers' Rights Attorney

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.