Fathers are often seen as secondary to mothers in regard to raising a child. This is often untrue, as everybody’s parenting skills are different. Still, mothers are often viewed as caregivers, and fathers are often seen to be along for the ride. In a custody battle, the court may feel inclined to side with the mother, but the significance of a father’s rights cannot be overstated. And the significance of a Chicago, IL, father’s rights lawyer can not be understated.
Fathers’ Rights in Illinois
In the state of Illinois, parental rights are supposed to be totally equal. Mothers and fathers are granted the same level of parental rights upon having a child. This may change in a custody battle or if one of the parents were to give up their parental rights voluntarily. Parental rights for a father are only granted once paternity has been legally established.
It does not matter which parent is granted primary custody. If a father is not legally prohibited, he has the right to parent his child.
When a couple gets divorced, it can be surprisingly difficult for a father to fight for his rights as a parent. Many courts are often reluctant to award primary custody to the father, feeling that a child needs their mother above all else. This is fairly common across the country, not just in Illinois. If you are a father dealing with a custody battle and are concerned that this could happen to you, you may want to voice your concerns to an experienced family lawyer who can help.
Every Father Should Know Their Parental Rights
A father’s role in the family dynamic is just as important as the mother’s. Some families may have a unique dynamic that this does not apply to, but generally, a father’s presence is considered a positive for the child in question.
There are more than a few reasons why a father’s rights may not be considered as important as a mother’s. In modern culture, men may be viewed as an accessory to parenting, while women are viewed as caregivers. That may not be true for everyone.
While there are certainly many bad fathers who made poor decisions, there are also bad mothers who made those same decisions. Making blanket statements about an entire gender’s capability for child-rearing does not help anyone. Everybody is different, and everybody’s situation requires different remedies. If a father wants to step up and assert his parental rights, a family lawyer can be a big help with that.
If you ever get divorced, it is vital that you take the right steps to protect yourself and your parental rights if they are ever infringed upon in court. There is nothing wrong with taking an active role in securing your position.
The court may even look upon you favorably for clearly caring enough to do so. Co-parenting with an ex-spouse can be difficult enough without also worrying about your role in your child’s life. Here are some steps you can take to ensure your rights:
- Establish paternity. Above all, to even have a father’s rights in the first place, you need to establish paternity legally. You can establish paternity at the time of your child’s birth by signing a Voluntary Acknowledgment of Paternity (VAP) form or by having a DNA test done.
- Fight for custody. Some fathers may be reluctant to pursue primary custody of their child due to the social stigma of looking aggressive or appearing to demonize the mother. The last thing you want is to look like the bad guy in this scenario. You should always remember you have as much right to be a parent as the mother. Use that right to strengthen the bond with your child and do what you feel is necessary.
FAQs
Q: Do Fathers’ Rights Matter in Illinois?
A: Yes, fathers’ rights matter in Illinois. Every father has the right to be a consistent presence in their child’s life unless the court has removed that right due to poor behavior from that father. For the most part, fathers have the same parental rights as mothers and have every right to use them. Fathers can fight for custody, make life decisions for their children, and even demand child support.
Q: Do You Have Instant Parental Rights With a Birth Certificate?
A: No, you do not have immediate parental rights in Illinois if your name is on the birth certificate as the father. It requires more than that. Signing the Voluntary Acknowledgment of Paternity (VAP) form at the time of the child’s birth is what grants a father immediate parental rights. By signing this form, you won’t have to go through the legal process of establishing paternity. It happens automatically.
Q: Who Gets Primary Custody of the Child in a Divorce?
A: There is no telling who will get primary custody of the child during a divorce. Primary custody does not automatically go to the mother or the father. The court has to take many different factors into consideration, primarily focusing on what is right for the child. It is likely the court will push for joint custody, granting both parents equal responsibility for the child.
Q: Can One Parent Deny the Other Parent Access to the Child?
A: Unless there is a court order in place barring one parent access to the child, the other parent cannot legally deny that parent access to their child. If there is a custody order in place, both parents must abide by the details of that order. If there is no order in place, one parent may not be breaking any laws by denying access to the other parent. The court will only deny visitation to protect the child.
Reach Out to a Lawyer Today
Every father should be afforded the opportunity to fight for their father’s rights and prove that they want to be a consistent presence in their child’s life. If your father’s rights are being denied, you should reach out to an experienced family lawyer who can offer you guidance, assistance, and hope. The legal team at Stange Law Firm can provide that hope and be there for you as you fight for your rights. Contact us to speak with a team member about a consultation.
