Divorce is difficult for any parent, but for fathers, it can feel especially complicated. When children are involved, the stakes are higher, and emotions can run deep.
In Illinois, fathers have clear legal rights concerning custody, parenting time, and child support—but many men are unsure how to protect those rights. Understanding how Illinois family law works is key to maintaining your relationship with your children and securing a fair outcome.
Below, our team at Shark Lawyers for Men explains what fathers need to know about custody, child support, and protecting their parental rights during divorce.
What Are My Rights as a Father in Illinois?
Fathers in Illinois have the same legal rights as mothers when it comes to parenting their children after a divorce. The court’s focus is always on “the best interests of the child,” which means fostering stable and healthy relationships with both parents whenever possible.
Your rights as a father include both:
- Physical custody – where your child lives and how much time you spend together.
- Legal custody – making major decisions about your child’s education, healthcare, and religious upbringing.
Illinois courts often favor co-parenting and shared parenting plans when both parents can provide stability and cooperation.
Still, even though the law recognizes equal rights, fathers sometimes encounter unspoken bias in custody decisions. Working with an attorney experienced in fathers’ rights helps ensure your role as an involved parent is respected and protected.
How Do I Secure Custody of My Children?
Securing custody starts with showing that your involvement supports your child’s best interests. Illinois courts evaluate several factors, including:
- Each parent’s relationship with the child
- The child’s needs and preferences
- The stability of each home environment
- Each parent’s willingness to encourage a positive relationship with the other parent
Demonstrating a strong bond, consistent involvement, and a stable home can strengthen your position.
If you and your co-parent can agree, your attorney can help formalize the arrangement through negotiation or mediation. Once finalized, it becomes a binding parenting plan.
When cooperation isn’t possible, a skilled divorce attorney can present your case in court, challenge any bias, and advocate for an outcome that reflects your role as a father.
How Much Will I Pay in Child Support?
Illinois follows the Income Shares Model, which considers both parents’ earnings and the number of children involved to determine a fair amount of support.
Courts evaluate:
- Parental income
- Number of children
- Healthcare and education costs
- Parenting time distribution
- Any special needs or extraordinary expenses
While calculators can give a general idea, only a qualified divorce lawyer can assess your unique situation and ensure your payment aligns with your financial reality.
Contact Shark Lawyers for Men
Divorce doesn’t have to mean losing your role as a father. Having a dedicated fathers’ rights attorney ensures your voice is heard and your relationship with your children remains protected.
Contact Shark Lawyers for Men to schedule a consultation and learn how we can help you move forward.
Frequently Asked Questions About Divorce and Custody for Fathers in Illinois
- Does Illinois favor mothers in custody decisions?
No. The law gives both parents equal standing. The court bases its decisions on what best serves the child’s physical and emotional well-being. - Can fathers get primary custody in Illinois?
Yes. If you can show that your home environment and parenting involvement serve your child’s best interests, the court can grant you primary custody. - What if my ex refuses to follow the parenting plan?
You can file a motion for contempt or modification. Courts can enforce compliance or adjust parenting time if the violations continue. - How is child support calculated when parents share custody?
The court factors in both incomes and how much time each parent spends with the child. Shared custody doesn’t automatically eliminate child support but can reduce or balance payments. - Do fathers have to pay child support if they have 50/50 custody?
Sometimes. It depends on each parent’s income and expenses. Equal parenting time doesn’t always mean equal financial responsibility. - Can custody orders be changed after a divorce?
Yes. If circumstances change—like relocation, income shifts, or new family dynamics—you can request a modification to reflect those updates. - Do I need a lawyer for custody and support agreements?
While not required, working with an experienced family law attorney helps you protect your rights and avoid costly mistakes.
