Fathers Rights Attorneys in Chicago

Once paternity is established, a father has the right to pursue custody or a parenting plan (now known as an allocation judgment). It is often best when two parents can agree to a parenting time for both parents. Parents who can agree to a parenting plan may file it with a court, asking the judge to approve and incorporate it into a court order on child visitation or custody. Having the agreement become part of a court order allows a father a direct way to enforce his parental rights down the road. However, suppose the parties are unable to agree on a parenting agreement. In that case, a father must protect his father’s rights through the legal process and petition the court for child visitation or custody. A court-ordered custody judgment includes a wide variety of details including, but not limited to, where the child will reside the majority of the time, specifics on both parents’ parenting times, including holiday and summertime, and decision making power on education, religion, extracurricular activities, and health care.

A common misconception is that the mother has the upper hand when it comes to child custody rights. This is no longer the case: more light is being shed on a fathers’ importance in children’s lives and fathers’ rights and responsibilities. Research shows that children who have a strong relationship with their father tend to do better overall (academically in school, socially and in relationships with others, and during adulthood) than those who do not. Fathers are entitled to the same rights that mothers are, though some need a father’s rights attorney to help them get there. The legislature, the courts, and judges in every county in Illinois have recognized the changing and important role of fathers. As such, when the parties can’t agree on which parent should have the majority of time with the child, the Judge will make that decision for you as to which parent should have the majority of the time by determining what is in the child’s best interest, not by the gender of the parent.

 The judge deciding the custody case will look at several different important factors, which include, but are not limited to:

Generally, courts presume that children benefit from having both parents involved in their upbringing. This presumption can be overcome if one parent can show that visitation or custody by the other parent would likely cause harm to the child. For example, evidence of domestic violence or excessive alcohol abuse could be used to argue against a parent having custody or visitation with a child.  The visitation rights of unmarried fathers often depend on their relationship with the child, the recent history between the father and child, any history of child abuse, drug, alcohol use, and other relevant factors. 

Issues related to the children, whether visitation or money related, are always modifiable. Should arrangements need to change, the court can modify the child visitation or custody order, either after both parents agree to the change or after one parent petitions the court to make the change. As the child’s needs change, parents can agree on a modification to visitation arrangements or custody without a court’s approval; however, modified, updated court orders allow for easier enforcement of agreed agreements and is the best way to ensure visitation rights for unmarried fathers.  For example, suppose parents entered an order for parenting time that does not include holidays or extensive time over the summer for the father, and the mother won’t agree to change the schedule. In that case, he can petition the court to be awarded this time, and he will likely get it.

Issues related to the children, whether visitation or money related, are always modifiable. Should arrangements need to change, the court can modify the child visitation or custody order, either after both parents agree to the change or after one parent petitions the court to make the change. As the child’s needs change, parents can agree on a modification to visitation arrangements or custody without a court’s approval; however, modified, updated court orders allow for easier enforcement of agreed agreements and is the best way to ensure visitation rights for unmarried fathers.  For example, suppose parents entered an order for parenting time that does not include holidays or extensive time over the summer for the father, and the mother won’t agree to change the schedule. In that case, he can petition the court to be awarded this time, and he will likely get it.