What Are My Rights as a Father During a Divorce?

 Posted on October 26, 2022 in Child Custody

Starting a family can be one of the happiest and most rewarding things someone can do with their time on earth. In life, however, few things ever go according to plan. For various reasons, what could have started as a happy marriage may dissolve and end in a divorce. In times of familial crisis, such as during a divorce, parents are often most concerned with protecting their children and are focused on minimizing the traumatizing effect a divorce can have on a child's life.

Any parents' worst nightmare is that during the divorce process, they may be denied a say in making decisions where their children are concerned, or that they may even be denied visitation and parenting time with their child. It used to be assumed that during a divorce, the mother, seen as the nurturer, would be granted custody of the children. However, times have changed, and fathers are recognized as equally important in their children's lives. If you are a father and have been denied visitation or parenting time with your child and believe you do not have enough say in matters, consider contacting experienced Illinois family law attorneys who are passionate about protecting a father's rights during divorce.

Protecting Your Parental Rights as a Father

Under Illinois law, the Marriage and Dissolution of Marriage Act definitively states that parents possess the right to have reasonable parenting time unless there is sufficient reason to believe that a parent should be denied access to their child. For instance, a court may bar a parent from access to their child if there is reason to believe the child's physical or mental health would be significantly compromised if allowed unsupervised time with one of their parents. In addition, unless a parent has a history of domestic violence or has been previously convicted of a violent crime, they have a legal right to spend time with their child.

When deciding possible custody of the child, a judge may look at several factors. These include but are not limited to the following:

• The present relationship between each parent and their child

• Each parent's ability to care for their children

• The age of each child in the specific case

• The mental health status and history of each parent involved in the case (mental illness or addiction may jeopardize, in the eyes of the court, that parent's case for custody of their child)

Contact a Lombard Family Lawyer Protecting Father's Rights During Divorce

If you are a father and have been denied visitation or custody of your child during a divorce, consider contacting the DuPage County father's rights attorneys with A. Traub & Associates, who are committed to protecting the rights of fathers during divorce. Call 630-426-0196 today for a complete and confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59