Fathers’ Rights to Child Custody

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.

Taking a Child Out of State During and After a Divorce

Taking a Child Out of State During and After a Divorce

By: M. Scott Gordon

Before a court order is in effect in a divorce, both parents in a marriage have equal rights to child custody. When the parents decide to get a divorce, the issue of child custody is very important, and parents may even agree and petition the court for joint custody.  However, some parents may petition the court for sole custody of the child.  Regardless of a court awarding sole vs. joint custody, each parent will be awarded a parenting schedule, unless it would be detrimental to the child.

In some cases, one parent may get an opportunity to move from Illinois (say, for a new job opportunity), and may want to move with the child. Because this would interfere with the other parent’s parenting schedule, the other parent often decides to challenge the move in court.

Permanent Moves

A parent seeking to move to another state with a child must seek court approval for the move, unless there is already an order stating otherwise. As with most matters concerning children, the court will grant or deny permission for a move out of state after considering the best interests of the child. The parent who wants to move has the burden of providing evidence to the court showing the move is in the child’s best interests.

Some of the factors the judge will consider in arriving at a decision on the child’s best interest include:

• The likelihood that the move will enhance the general quality of life for both the custodial parent and the children. 
• The motives of the custodial parent in seeking the move - if the parent is moving to avoid the other parent’s visitation rights. 
• The motives of the noncustodial parent in resisting the removal. 
• How the other parent will be able to exercise visitation rights, and whether a realistic and reasonable visitation schedule can be reached if the move is allowed. 
• How the child will be affected by the move away from the non-custodial parent.

Temporary Stays

For vacations and other trips, almost all Custody Judgments include language allowing each party to temporarily take the children out of state during a parent’s time for vacations, and no new court order is needed.  Nevertheless, the parent must inform the other parent or the other parent’s attorney of the trip, provide contact information for the place the child will be during the out-of-state visit, and also inform the parent of when the child will return. A parent should not try to take a child out of state to file for custody in another state. Illinois courts will still retain jurisdiction over the child no matter what state they are in during this temporary visit.

Contact a Chicago Attorney

If you have a custody order in place and the other parent is trying to permanently remove the child from Illinois, and you are opposed to this move, contact the family law attorneys at M. Scott Gordon & Associates for a consultation in your case.

Skokie, IL office:      847-329-0101

Chicago, IL Office:   312-360-0250

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