A common refrain among divorcing dads is that mothers are favored in child custody disputes, which raises some interesting questions. Do courts automatically assume that the mother is a more capable parent? Shouldn’t 50/50 custody be the norm rather than the exception? And what can a dad do to improve his chances of being awarded equal custody in an Illinois divorce?
Factors Courts Weigh in a Child Custody Dispute
Illinois is not a 50/50 custody state by default, meaning courts do not presume a 50/50 split for parenting time. However, courts do prefer to award joint legal custody (parenting responsibility) and physical custody (parenting time) to parents if it is in the child’s best interests.
When parents cannot agree on custody arrangements, the court will consider factors such as the child’s age, the relationship the child has with each parent, the parent’s ability to communicate with each other, and the parents’ proximity to the child’s school, activities, and friends to determine what arrangement is in the best interests of the child.
As to whether a court believes that mothers are the more capable parent, most will say that the majority of judges are not biased towards either gender. However, mothers may wind up being the primary care giver simply because the mother has been doing the majority of caregiving, especially when they are a stay at home mom.
Courts may view disrupting the daily routine – where mom handles school drop off and pick up, meals, doctors and dental appointments, homework, bedtime and round-the-clock counselor – as not in the child’s best interest. This is especially true if a dad has been relatively hands off in raising the child. This pattern gets further solidified if early in the divorce, the dad moves out or the mom leaves with the child and the dad does not try to secure at least some custody rights while the divorce proceeds.
Dads Seeking Shared Custody in Illinois
So what can a dad do to secure equal parenting time in an Illinois divorce? It is clear that being an involved parent is important; establishing consistent caretaking routines with the child is essential and will serve to strengthen the father child relationship. If separation or divorce is imminent, dad should meet with an experienced fathers rights divorce attorney to get temporary orders for custody, an arrangement that may stick after the divorce is finalized. Proximity and logistics matter, so dads should try to remain close to the neighborhood where the other parent lives, not moving outside of the child’s school district or neighborhood when possible to minimize travel time and scheduling conflicts. Lastly, parental cooperation in a contested custody case is paramount. The court will be more inclined toward shared custody if parents have good working relationship and can communicate effectively.
Contact an Experienced Child Custody Lawyer
When you are considering divorce and there are children involved, it is worthwhile to pursue equal custody so that children can have a close relationship with both parents. If you have questions regarding Illinois divorce, parenting time, parental responsibility or child support, contact the Libertyville law office of Ronald L Bell & Associates for answers at 847-495-6000.