If you are a new father, you may be asking yourself, “What are a father’s rights in Illinois?” Fathers play a crucial role in raising healthy and happy children. Whether the parents are getting a divorce or were never married, the child’s biological father is still afforded important rights. A paternity test may be needed to establish those rights, especially if the parents were not married to each other when the child was born.
Father’s Rights in Illinois
The U.S. Supreme Court has ruled and continually reaffirmed that the right to parent is a fundamental right under the U.S. Constitution. Fathers have the same rights as mothers in Illinois, and there is nothing written in the family code or state law that gives preference to either mothers or fathers.
This, unfortunately, does not mean that bias never occurs in specific cases. Old stereotypes about mothers being more nurturing than fathers persist even as fathers demonstrate their willingness and ability to co-parent through 50-50 parenting plans.
When the parents are married, the courts automatically protect the rights of both parents. There can be unique challenges for fathers when the child is born out of wedlock. The burden may be on the father to prove parentage with the help of Chicago family lawyers. The courts must establish paternity before visitation and custodial rights are given.
Legally established fathers are afforded the same rights as mothers when it comes to:
- Decision-making authority: The ability to make decisions on behalf of children is a fundamental right for parents. Deciding where a child goes to school, lives, undergoes religious studies, and receives medical treatments are rights that belong to both fathers and mothers. Protecting those rights often requires that fathers hire an attorney who will ensure that decision-making authorities are not stripped away from them.
- Physical custody: Physical custody refers to where the child lives. Following a divorce, the child will likely split time between two homes. Physical custody in Illinois can be sole (delegated to one parent) or joint (shared between both parents).
- Legal custody: Legal custody is the authority to make crucial decisions on behalf of a child. Where the child goes to school is one example of a decision that can be made by a parent who has legal custody over a child. Similar to physical custody, legal custody can be sole or shared jointly.
- Visitation rights: Even when one parent is given sole physical custody of a child, the courts will provide visitation rights to the other parent unless that parent has a history of child abuse, neglect, or abandonment. Visitation schedules are drafted and adopted during child custody cases.
Having rights under the law does not mean individual cases will result in equal custody or situations where fathers have significant access to their children. To protect the rights of fathers, many dads find lawyers who understand the important role fathers play in rearing children. An attorney can protect the rights of fathers during a divorce or child custody case.
FAQs
Q: What Rights Do I Have as a Father in Illinois?
A: Fathers have the same rights as mothers in Illinois, including the right to make decisions on behalf of the child. Any father who wants to protect their rights in court can hire a family law attorney who will take steps to make the father’s interests and goals known to the court. Although Illinois’ courts make no preference between fathers and mothers, individual cases may require legal action to protect the rights of the father.
Q: Can a Mother Withhold a Child From the Father in Illinois?
A: Without a court order in place, it is possible for a mother to withhold a child in Illinois. Being separated from a child can be painful, but fathers have the same rights as mothers in Illinois. The most effective means of asserting those rights is to hire an attorney who will go to the courts to set temporary orders and other measures that allow you to access your child. Ultimately, the actions of the mother may come off poorly once the matter is brought before a judge.
Q: What Makes a Parent Unfit in Illinois?
A: Any actions that endanger a parent can potentially make them deemed unfit by the courts. Child abuse, neglect, and abandonment are common examples. Drug use, criminal activity, and domestic violence are also acts that can cause a parent to be labeled as unfit. Parents who are deemed unfit may have their parental rights restricted. A judge may ultimately decide what visitation rights, if any, are appropriate when one parent is found to be unfit.
Q: Can a Father Get 50/50 Custody in Illinois?
A: A father can get 50/50 custody in Illinois. Getting there may not be easy, especially when the mother fights any attempt to share parenting time. The easiest way to get shared parenting is when both parents agree to it. The courts generally honor such agreements as long as they serve the interests of children. If the child custody case is contested, your attorney can fight to establish a 50/50 custody agreement.
Q: How Can an Attorney Protect a Father’s Rights?
A: Having legal counsel provides important benefits. A family law attorney understands the laws that protect the rights of fathers. Any attempt by the other side to infringe on those rights can be argued in court. Without legal representation, fathers may be more vulnerable to being tricked or pressured into giving away their rights.
Schedule Your Child Custody Consultation Today
The state of Illinois understands that children need both parents in their lives. Historically, some courts have given preference to mothers over fathers even as fathers have shown themselves to be fit and loving parents. One way a father can protect their rights is by hiring a lawyer who understands the state’s family laws and how to use them to protect the rights of their clients.
At Stange Law Firm, we have helped many fathers secure favorable child custody agreements that secure meaningful parenting time for fathers. We can do the same for you when you contact our office to set up a consultation.
