Fathers’ Rights to Child Custody
By M. Scott Gordon
When
parents in the Chicago area decide to get divorced, child
custody issues
can loom large. Indeed, child custody battles can be very contentious,
and it’s important to know your rights when it comes to custody and visitation.
Many people believe that women often are favored as sole custodians of
their children, but it’s important to know that fathers have rights to custody
in a divorce case. Indeed, fathers throughout Chicago have successfully
petitioned for joint custody and sole custody of their children in a variety of
situations.
How
will the court look at a father who seeks custody of his children? As in
all other custody
cases, the
court will seek to determine what is in the best interests of the child.
Custody petitions can be complicated, and you should always talk to an
experienced Chicago
custody attorney
about your situation.
Fathers
Seeking Joint and Sole Custody
For
fathers who are planning to seek custody of their children, it’s important to
understand how Illinois law looks at custody issues. In general, custody
refers to the physical and legal control of your child, and two different types
exist:
- Joint custody: if you’re a father in the Chicago area and you believe both you and your spouse should share custody of your child or children, you’ll likely want to consider seeking joint custody. Under the law, joint custody refers to a custody arrangement where both parents are required to cooperate with one another and consult about serious decisions involving their children’s care and well-being.
- Sole custody: many fathers seek sole custody of their children, which is a custody arrangement in which only one parent (the father with custody, for instance) has the legal right to make decisions about his child’s care and well-being.
While
most of us assume that divorce and custody matters go hand-in-hand, in many
cases, custody isn’t part of a divorce proceeding. Indeed, in situations
where parents were never married, fathers can still seek joint or sole custody
of their children.
Routes
to Proving Paternity and Custody for Fathers
If
you’re currently in the process of getting a divorce, Illinois law allows
fathers to ask for child custody in their dissolution of marriage petitions.
Similarly, if you and a partner with whom you’re in a civil union have a
child together, then you can seek custody in your petition for dissolution of a
civil union.
Differently,
if you are not married to your child’s mother, the court will need to establish
your paternity of the child. In order to prove paternity, you’ll need
file a paternity (or, "Parentage") petition. Once you’ve
established your paternity, you’ll need to file a petition for custody.
If
you’re concerned about your child’s safety in the meantime, an experienced
Chicago family lawyer can help you with a petition for an order of protection,
which can possibly provide a temporary solution.
Contact
a Chicago Child Custody Lawyer
If you’re a father in the Chicago area
and have concerns about child custody, you should be sure to discuss your case
with an experienced Chicago family law attorney. One of our
dedicated family law advocates at M. Scott Gordon & Associates can answer
your questions today.
