At Shark Lawyers for Men, we know that child custody is the most important issue for so many men going through divorce.
But Illinois child custody laws for fathers can be confusing. Many fathers feel that the process is biased in the mother’s favor. How can you use this process to protect your rights as a father and preserve your relationship with your child?
From our team of experienced family law and fathers’ rights lawyers, here’s everything you need to know about child custody laws in Illinois.
How Does the Court Make Decisions About Child Custody in Illinois?
The most important thing to understand about the Illinois child custody process is that, by law, all decisions must be made in “the best interest of the child.” If you want to argue that you should be granted more parenting time or that your child should live with you instead of their other parent, you need to demonstrate to the court that this would be in your child’s best interest.
Beyond the “best interest of the child” standard, there are a few other factors that Illinois courts weigh when making custody decisions:
- The child’s relationship to their current home, school, and community
- The parents’ wishes
- The child’s wishes, depending on their age and maturity
- The child’s physical and emotional needs
- Each parent’s ability to meet those needs
- The quality of the child’s relationship with each parent
As family law attorneys, it’s our job to help you demonstrate to the court why your preferred custody arrangement would be the best situation for your child.
Types of Custody in Illinois
In Illinois, as in other states, you and your child’s other parent can either have joint custody, meaning you share parenting responsibilities, or one of you can have sole custody.
But what exactly do those parenting responsibilities entail? Recent Illinois law has done away with terms like custody and visitation, preferring instead to divide custody into decision-making responsibilities and parenting time.
- Decision-making responsibilities, also known as legal custody, refer to important decisions about your child’s upbringing, such as education, religion, and healthcare.
- Parenting time, also known as physical custody, refers to both child placement and what’s commonly known as “visitation.” Child placement, or which parent the child will live with, is often the main sticking point where parents disagree.
Both parenting time and decision-making responsibilities can either be shared by you and your child’s other spouse, or not. The exact way in which these responsibilities are split up is usually outlined in a parenting agreement or legal child custody order. These documents may include a placement schedule, which will outline how much time per week or month your child will spend with each parent.
If you’re also managing child support, it’s important to make sure your custody arrangement aligns with your financial obligations under Illinois law.
The Illinois Child Custody Process
As family law attorneys, we encourage parents to resolve custody matters amicably whenever possible. Negotiating through your attorney or working with a mediator often leads to faster, less stressful results for everyone involved.
If both parents can agree, we’ll:
- Help you create a legally binding parenting plan
- Present it to the judge for approval
- Guide you through the paperwork to make it official
Sometimes, though, cooperation breaks down. You might be dealing with an ex who’s:
- Using the process unfairly to gain leverage
- Struggling to provide proper care
- Or simply disagreeing on what’s best for your child
When custody disputes become heated, fathers need to understand their rights and what they’re entitled to under Illinois law. While both parents are treated equally in theory, fathers often face subtle bias when it comes to parenting time and decision-making. Knowing what fathers are entitled to in a custody agreement can help you approach the process with confidence and a clear sense of your role as a parent.
That’s why having an experienced fathers’ rights attorney on your side matters. At Shark Lawyers for Men, we help you navigate the custody process, protect your relationship with your children, and ensure the court hears your side clearly. If necessary, we’ll stand up for you in court and fight for the time and involvement you deserve.
Contact Shark Lawyers Today
Don’t let your child custody arrangement leave you out of your child’s life. Contact Shark Lawyers today to schedule a meeting and find out how we can help.
Frequently Asked Questions About Illinois Child Custody Laws for Fathers
- What does “best interest of the child” mean in Illinois custody cases?
Courts consider several factors, such as the child’s adjustment to home and school, the wishes of the parents, and each parent’s ability to provide a stable environment. - Can fathers get equal parenting time in Illinois?
Yes. Illinois courts can award equal parenting time if it benefits the child and both parents can cooperate effectively. - What’s the difference between parenting time and decision-making responsibilities?
Parenting time covers where the child lives and spends time. Decision-making responsibilities (formerly “legal custody”) involve major choices about education, health, religion, and activities. - Can custody orders be changed later?
Yes. A parent can request modification if there’s a significant change in circumstances, like relocation or a shift in the child’s needs. - Does the court favor mothers over fathers?
No. Illinois law treats both parents equally. The court focuses on the child’s well-being, not gender. - What happens if my ex violates the custody order?
You can file a motion for contempt. The court may enforce the order, issue penalties, or adjust parenting time if violations continue. - How do I prepare for a custody hearing as a father?
Keep records of communication, involvement in your child’s life, and any issues with the other parent. An experienced family law attorney can help you build a strong case. - How does mediation help with child custody disputes?
Mediation allows both parents to negotiate parenting terms with help from a neutral third party, often saving time and reducing conflict before going to court.
