One of the most contentious aspects of any divorce is the establishment of child custody rights. Parents often ask questions like, “What are the rights of a mother in Illinois?” Many parents, regardless of gender, are understandably concerned about how to protect their parental rights. Having an experienced lawyer can improve the chances that the courts will protect your custody rights and access to your children.
Mothers Rights Under State Law
Mothers have important rights under state law. During a divorce or child custody case, the courts will include descriptions of those rights in the divorce decree. It is important to have a court order in place that protects your right to be involved in your child’s life and to make important decisions on their behalf.
The two main custody rights are physical and legal. Physical rights refer to the right to physical possession of the child. This basically means where the child lives. Physical custody can be sole or joint. When one parent has sole custody, the child lives at that parent’s home. The other parent is likely to be given visitation rights. Joint custody is the arrangement where a child shares their time fairly equally between homes.
Legal custody refers to the right to make important decisions on behalf of a child. These include issues like where the child goes to school and which doctor they see. The right to determine what type of religious training a child undergoes also falls under legal custody. As with physical custody, legal custody could be joint or sole.
The courts in Illinois presume that both parents should share parenting time and work together when making important decisions about a child’s life. During the divorce, both parents can work out what that arrangement looks like. Mothers play a crucially important role in rearing children, so the courts will presume that the mother is deserving of physical and legal custody rights. This does not mean that the mother’s rights take precedence over the rights of the father.
What Happens In a Contested Child Custody Case?
When both parents cannot agree about child custody matters, a judge may order the parents to go through mediation. Mediators are neutral third parties appointed by the courts. They have professional training in conflict resolution. Any steps that are agreed upon in mediation can bring the case closer to resolution.
If mediation does not resolve every child custody issue, a judge may ultimately make those decisions. The final court order will lay out the custody rights of both parents. Custody modifications are possible, but there usually has to be a substantial change in the living situation of either the parent or the child before a court will consider modifying the court order.
What Is a Fit Parent?
Fitness is a term used by the courts to measure how well-suited a mother or father is to a parent. Drug usage, criminal activity, and child abuse can lead a parent to be designated as unfit.
During a child custody case, the courts may consider the fitness of both parents. One way this is done is through a child custody evaluation, where a court-appointed evaluator speaks to the parents and child. The evaluation process may include a visual inspection of the parents’ homes.
Once the evaluation is completed, the evaluator issues a final report that is given to the judge.
Whether based on a child custody evaluation or another source of fact-finding, the courts may limit the rights of one or both parents based on the parent’s fitness. Sometimes, these limits are temporary, but a judge may rule that the limitations be long-term.
FAQs
Q: Can a Mother Deny a Father Visitation in Illinois?
A: If there is no court order safeguarding the father’s visitation rights, the mother may choose to deny him access to visitation. However, such actions could potentially have negative consequences for the mother in future court proceedings. Family courts prioritize the importance of co-parenting and maintaining positive relationships between children and both parents.
Denying visitation without a valid reason may be viewed unfavorably by the court, as it may not align with the interests of the children involved.
Q: Is Illinois a Mother-First State?
A: No, Illinois does not operate under a mother-first approach. The state’s family law system emphasizes equality between parents, recognizing both mothers and fathers as having equal rights and responsibilities regarding parenting time and custody.
This principle underscores the importance of both parent’s involvement in their children’s lives, promoting shared parenting responsibilities whenever possible. Illinois law aims to ensure that decisions regarding custody and parenting time are made without preference based on the gender of either parent.
Q: What Is Considered an Unstable Parent in Illinois?
A: An unstable parent, whether a mother or father, is someone who prioritizes their own interests over the well-being of their child. This may stem from issues like a failure to maintain a safe home environment or addiction problems. In such cases, family courts in Illinois have the authority to intervene and may find the unstable parent unfit, leading to limitations on their parental rights. This could involve supervised visitation or other measures aimed at ensuring the child’s safety and interests are protected.
Q: What Rights Does a Father Have if He Is on the Birth Certificate in Illinois?
A: A father has equal rights as the mother. Being named on the birth certificate establishes the father as the lawful parent of the child. To enforce his rights, the father may need to take the additional step of securing a child custody agreement from a court with the help of Chicago family lawyers.
Schedule Your Child Custody Consultation Today
Mothers have important rights in Illinois when it comes to child custody matters. Protecting those rights often requires the work of an experienced family law attorney who can work to make sure that the final child custody order protects parenting time for the mother. When both parents are seen as fit, the courts will encourage both parents to work together to co-parent the child.
At Stange Law Firm, we have helped many mothers protect their parental rights during a divorce or child custody dispute. Our attorneys will work tirelessly in court to advocate for your interests and rights. To schedule a consultation, contact our office today.
