Establishing Parental Bonds: Divorced Illinois Fathers Seek Legal Equality

 Posted on August 07,2014 in Child Support

The bond between a mother and her child is undeniable. According to a recent article by Parenting magazine contributing editor and co-author of Magical Beginnings, Enchanted Lives: A Holistic Guide to Pregnancy and Childbirth Deepak Chopra, M.D., a close personal attachment with your child may prevent diseases, boost immunity and enhance the IQ quotient of your child’s developing mind. Dr. Chopra further believes that maternal bonding has evolved into such a complex physiological phenomenon that touches our hearts, brains, hormones, nervous systems or about every component of our physical being. The study included in Chopra’s book, made possible by a grant from Mead Johnson Nutrition, suggests that a strong maternal bond may prove even more powerful than DNA.

But where does all this research leave Illinois fathers trying to establish a paternal bond with their children post-divorce? Recently, the Illinois Fathers Network, founded in 2008 and recently established as a non-profit organization, is trying to answer this question for Illinois fathers and other non-custodial family members by proposing three revisions to current Illinois statutes.

HB5425 Synopsis

This proposed legislation would amend the Illinois Marriage and Dissolution of Marriage Act (ILCS 750/5) by continuing existing child-parent relations; recognizing the importance of and providing for equal involvement of both parents; and involving the courts in the allocation of parental time on a weekly basis. The proposal further mandates that if a visitation agreement between parents is not presented to the courts within 90 days, the courts would award equal parenting time.

HB4458 Synopsis

This proposed legislation is seeking an amendment to the Illinois Criminal Code of 2012 (720 ILCS 5) by ensuring that it is an offense to bear false statement while obtaining an order of protection or civil no contact order. If a person is found guilty of this offense, the order would be adjudicated or modified.

HB4459 Synopsis

This proposed legislation is seeking to further amend the Code of Criminal Procedure of 1963 (725 ILCS 5) and the Illinois Domestic Violence Act of 1986 (750 ILCS 60). The proposal seeks that upon petition, the courts would order that any person whom has been issued an emergency protection from abuse order could expunge the order unless the order was actually violated. This would remove the record from the Department of State Police’s Law Enforcement Agencies Data System if the initial order has not been violated as per the terms of the originating order.

A full synopsis of these proposed legislative bills are available at www.ilga.gov.

The goal of Illinois Fathers is to establish fair parental equity for all Illinois fathers seeking to enforce and maintain their parental bond with their children following divorce. Just as the maternal bond is revered as unbreakable, fathers should be also be revered as strong parental influences, especially when solidifying both quantity and quality of time with their children.

If you are an Illinois father seeking parental visitation rights under Illinois law, consider visiting the Illinois Fathers Network, but for sound legal advice,contact an experienced Illinois family law attorney. The legal team of A. Traub & Associates compassionately understands your desire to spend time with your children. Our attorneys are committed to diligently advocate for your legal rights. Contact our offices today to schedule an initial consultation.