Many fathers are concerned that, with divorce, they will be at a disadvantage regarding issues related to parental rights, decision-making and parenting time (what used to be called child custody). While it is important to take your parental rights – as they relate to divorce, post-decree modifications, and custody concerns outside of marriage and divorce – seriously, it’s also important to know that the days of a mother’s rights routinely usurping a father’s rights have fallen by the wayside. If you are a father with concerns regarding your divorce-related parental rights, reach out to an experienced dads’ rights attorney in Chicago today.
When it comes to matters that involve children, the court’s position is always in support of the children’s best interests. And the fact is that prevailing wisdom on the topic continues to find that children are nearly universally better off when they are allowed to forge deep relationships with both parents by spending a considerable amount of time with each (barring a compelling reason for determining otherwise).
In other words, the court’s starting position is in line with fathers’ rights, but defending your parental rights – in pursuit of divorce terms that work for you and your kids – is paramount. It is important to note that, when it comes to divorce, the court often seeks to limit the upset experienced by the children involved and, as such, may be inclined to maintain the status quo as it relates to your children’s current living situation.
The State of Illinois breaks child custody issues into both parental responsibilities and parenting time. Parental responsibilities refer to who will be making important decisions on behalf of the children, including those related to the following:
There is no preconceived notion that mothers are better equipped to make big picture parenting decisions, and while this decision-making authority can be sole or joint, it can also be allocated between both parents according to the kind of decision being made.
Parenting time determines the schedule whereby you and your ex will split your time with your children. As mentioned, if one of you has traditionally been the primary caregiver, the court may be influenced to maintain the status quo and to make that parent have a greater number of overnights with the children. Parents can also, however, split their time with their kids more evenly. If you and your divorcing spouse are able to hammer out a parenting schedule that you can both live with, you will be afforded all the scheduling flexibility you’d like. If not, however, you’ll likely receive a standard parenting time schedule from the court.
If you have concerns related to your rights as a father, the practiced dads’ rights attorneys at WARD FAMILY LAW in Chicago are standing by to help. To learn more, please don’t wait to contact us today.
It was quick and easy and those are two words I did not think I would say about my divorce. We are still friendly too. We just were not meant to be together anymore. Ward Family Law made sure to draft the documents with the terms that we agreed on which kept us on good terms and there was no fighting. I cannot recommend them enough if you are looking for a clean, honest, quick, easy divorce.
We were set to get married in a little over a month and my family insisted on a premarital agreement. On my very first call Jennifer explained the entire process and timing. They hit the ground running and got everything completed and signed well before our wedding date. That made everything much less stressful so I thank them so much for their professionalism and timeliness.
Our plan was to get married after the baby was born and then a year later we still were not married and we were going our separate ways. I had no idea that the birth certificate alone did not make me the legal parent of our baby in Illinois. Luckily, Ward Family Law handles these cases and established paternity through a DNA test and submitted the results to the court. We now have an agreement on time with our kids and support too.
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