Can Fathers Get Full Custody in Illinois?

 Posted on December 27, 2024 in Child Custody

In Illinois, fathers have equal rights to seek full custody — known as the allocation of parental responsibilities — of their children. The state's family laws are designed to be gender-neutral, ensuring that neither parent has an automatic advantage in custody decisions. The primary consideration for the court is the best interests of the child, which involves evaluating various factors to determine the most suitable living and decision-making arrangements.

If you are a father seeking full custody of your child, including full parenting time and decision-making authority, contact an Illinois family law attorney who will advocate for your parental rights and your child’s needs. 

How Do Judges Make Custody Decisions in Illinois?

Whenever possible, judges prefer parents of young children to come up with a parenting plan on their own. Divorcing parents will typically be required to attend mediation to try to create a parenting plan that makes sense for their situation and that both parents can agree to. 

However, sometimes parents do not agree or there are serious questions about one or both parents’ ability to care for their children. When this happens, judges get involved and make detailed decisions about parenting time and parental responsibilities. 

When determining custody, Illinois courts assess several factors, including:

• Parental Wishes: The preferences of both parents regarding custody arrangements.

• Child's Wishes: Depending on the children's age and maturity, their own preferences may be considered.

• Parent-Child Relationship: The nature and depth of the child's relationship with each parent.

• Health of All Parties: The mental and physical well-being of the child and both parents.

• Adjustment to Home, School, and Community: How well the child is acclimated to their current environment and whether a change in custody would require the child to move to another neighborhood. 

• Parental Cooperation: Each parent's willingness to facilitate a relationship between the child and the other parent.

• Abuse or Neglect: Whether one or both parents have exhibited past behavior that threatens the child’s best interests. 

These factors help the court determine an arrangement that serves each child's best interests.

How Can a Father Increase His Chances of Gaining Full Custody?

To improve the likelihood of obtaining full custody, a father should, first and foremost, make sure he is recognized as the legal father. Without establishing paternity, he cannot have any claim regarding custody of the child. 

Next, a father needs to show he is interested in being involved in the child’s life. Simply saying so will not be enough. Paying child support, meeting the parenting time schedule requirements, and providing a child with a loving, supportive home are all important things that will show a father is committed to a child’s well-being. 

Finally, even though a father may have serious concerns about the mother’s ability to care for the child, it is important to follow a parenting plan, divorce decree, or other legal structure for custody until it has been changed by the court. If a father has urgent fears that a child may be endangered by staying with the mother, he should contact the police or a family law attorney immediately. Leaving the state with a child without permission could be considered parental kidnapping and can hurt a father’s request for full custody.

Are There Recent Cases Where Fathers Were Granted Full Custody in Illinois?

While specific case details are mostly confidential to protect the privacy of the families involved, there have been instances where Illinois courts have awarded full custody to fathers. These decisions are based on the court's assessment that the father is better positioned to serve the child's best interests, considering the factors mentioned earlier. Each case is unique, and outcomes depend on the specific circumstances presented to the court.

Contact a Wheaton, IL Father's Rights Attorney

If you are a father in Illinois seeking full custody of your child, it is crucial to have a strong, experienced attorney in your corner. Contact Andrew Cores Family Law Group at 630-871-1002 to schedule a free consultation with one of our DuPage County, IL child custody attorneys today.