Divorce is challenging for any parent, but for fathers, it can feel especially complex. When children are involved, the stakes are higher, and emotions can run deep. Divorce for Men with Children doesn’t have to be a challenge.
In Illinois, fathers have legal rights concerning custody, visitation, and child support, yet many men are unsure of the best steps to protect their relationships with their children. Knowing your rights and understanding Illinois family law is crucial to ensuring a fair outcome.
Below, our team of experienced divorce attorneys at Shark Lawyers for Men breaks down some key questions about your rights as a father, custody arrangements, child support obligations, and why having a lawyer on your side can make a significant difference.
What Are My Rights as a Father in Illinois?
In Illinois, fathers have the same legal rights as mothers when it comes to parenting their children after a divorce.
Legally, the court should not favor one parent over the other based on gender. Under the law, the priority is always “the best interests of the child,” which includes promoting healthy and consistent relationships with both parents whenever possible.
Your rights as a father encompass both physical and legal custody:
- Physical custody refers to where your child lives, as well as how much time your child spends with each parent.
- Legal custody involves making major decisions about your child’s life, such as education, healthcare, and religious upbringing.
Illinois courts increasingly recognize the value of co-parenting and often favor joint custody arrangements when appropriate.
However, just because you have the legal right to child custody regardless of gender doesn’t mean that courts don’t sometimes implicitly favor mothers. With an experienced divorce attorney who focuses on fathers’ rights, you can advocate effectively for your role in your child’s life, ensuring you’re not only present but also empowered in their upbringing.
How Do I Secure Custody of My Children?
- Each parent’s relationship with the child
- The child’s needs
- The stability of each household
- Each parent’s willingness to foster a positive relationship with the other parent
- The parents’ wishes
- The child’s wishes, depending on their age and maturity
As a father, showing that you have a strong, loving bond with your child, a stable home environment, and a willingness to co-parent can strengthen your case.
When custody disputes can be resolved amicably through negotiation or mediation, your divorce attorney will help you formalize a parenting plan to be signed by the judge. However, when disputes escalate, you’ll need an experienced legal advocate ready to advocate for fathers in court, challenging any biases and ensuring fathers’ rights are upheld.
How Much Will I Pay in Child Support?
Generally, the parent who spends less time with the child pays support to the primary custodian. The Illinois Income Shares Model, adopted in 2017, considers the income of both parents and the number of children involved when determining child support obligations.
Illinois courts calculate child support by taking the following factors into account:
- Parental income
- Number of children
- Healthcare and education expenses
- Parenting time and responsibilities
- Special needs and other expenses
While the calculation provides a baseline amount, special circumstances may increase or decrease the support owed. While an online calculator can provide you with a reasonable estimate for how much you will have to pay in child support, it’s important to talk to an experienced divorce lawyer to find out the exact amount, and consider whether your situation requires you to argue for a different arrangement.
Contact Shark Lawyers Today to Protect Your Rights as a Father
Divorce is never easy, but as a father, you have rights worth protecting. Having a dedicated fathers’ rights attorney fighting for you in court can help you focus on what matters most: maintaining a meaningful connection with your child. Contact us today to schedule a meeting with our team.
