It is unfortunate that many fathers are often seen as secondary to mothers. Mothers are generally viewed as the primary caregivers when it comes to children. This can be especially true when it comes to divorce and custody battles. Fathers may have to put up a considerably stronger fight to get custody of their children. There are things every father should know about their rights with the help of a father’s rights lawyer.
What Are Father’s Rights in Illinois?
In Illinois, fathers are granted the same parental rights as mothers, but those rights are only given once paternity has been officially established. Regardless of who may be granted primary custody, if a father desires to be a part of his child’s life and is not prohibited from doing so by the court, it is their legal right. In the event of a divorce, it can be challenging for a father to fight for his rights, as many courts may be reluctant to award custody to the father.
The role of a father in modern family dynamics may often be overlooked for a multitude of reasons. Men may be viewed as noncontributory when it comes to raising children, and that may simply not be the case for many families. One cannot judge an entire group by the actions of a few who may have made bad choices. It is up to the fathers who want to be present for their children to step up and fight for their rights with the help of an experienced family law attorney.
What Should Every Father Know About Their Rights?
While nobody ever expects their marriage to end in divorce, it is important that you take the proper steps to protect yourself and your rights if it ever happens to your marriage. There is nothing wrong with being proactive and taking the steps to make sure your rights are preserved. After all, it can be difficult enough to co-parent with someone you may have a contentious relationship with. You don’t want to add additional, unnecessary strain.
Every father should prepare themselves for the possibility that their rights as a parent may be challenged. Even if you and your partner are not married, you should consider preparing yourself. Here are some steps you can take to make sure you are ready to defend your rights as a father:
- Establish Paternity: The first thing you need to do before anything else can be done is establish the paternity of your child. Fathers do not have any legal rights involving their children until they can establish that they are, indeed, the child’s legal father. You can establish paternity at birth by signing a Voluntary Acknowledgment of Paternity (VAP) form at the time of birth or by having a genetic test done.
- Address Custody Issues: In many cases, fathers may be reluctant to pursue a custody battle. They may fear the imminent financial burden, or they may feel that they cannot challenge the child’s mother on custody matters without looking like the bad guy.
It is important that you remember you have as much of a right to custody as the child’s mother does. Exercise that right and ensure you can build a meaningful relationship with your child on your terms. - Hire a Lawyer: It can be stressful and difficult to challenge a father’s rights issue on your own with nobody to back up your claim. Hiring an experienced father’s rights lawyer can make all the difference. You want to do everything you can to ensure you are successful in your endeavor. Retaining the services of someone who understands what’s at stake for you and can add focused knowledge to your case can only help in the long run.
FAQs
Q: What Are Father’s Rights in Illinois?
A: Father’s rights are essentially the legal rights that every father has to parent their child after paternity is proven. In Illinois, fathers have the same parental rights that mothers have. Fathers have the right to fight for custody, demand child support, and parent their child as they see fit. First, paternity has to be legally established, and the court will decide who will be given primary custody of the child.
Q: Does a Father Have Automatic Rights If They Are on the Birth Certificate?
A: No, being on the birth certificate does not grant you automatic parental rights in Illinois. However, signing the Voluntary Acknowledgment of Paternity (VAP) form at the hospital at the time of childbirth does give the father automatic parental rights. The VAP form establishes paternity at the time of birth, which means you won’t need to go through the legal process of establishing paternity.
Q: Can the Child’s Mother Deny the Father Access?
A: No, the child’s mother cannot deny the father access to their child if there is a legally binding custody order in place. If there is no order in place, the mother technically is not breaking the law by refusing to allow the father to see the child. A court will only deny visitation if they believe the non-custodial parent is a danger to the child. However, if the custodial parent is unjustly denying visitation, you should speak to a lawyer.
Q: Who Gets Custody If There Is Not a Court Order?
A: In Illinois, if there is no court order for custody, both parents are generally considered to have equal rights to custody of the child. Both parents have the legal right to parent as they see fit and make decisions based on the child’s well-being. However, if the parents are unmarried and the father has not established paternity, the mother is granted sole custody of the child. The father can pursue paternity and try to change that.
Reach Out to a Lawyer Today
If you are a father in Illinois and wish to be present in your child’s life, it is vital that you retain the services of an experienced lawyer and fight for your legal rights. The legal team at Stange Law Firm can help you weigh your options and determine the appropriate course of action. Contact us to speak with a team member about a consultation today.
