What To Know About Father’s Rights in an Illinois Divorce

 Posted on March 25, 2025 in Child Custody

 Many people think that mothers are favored for child custody in divorce, but times have changed. In Illinois, state law prioritizes the child's best interests and ensures both parents are treated fairly, regardless of gender. Illinois family courts do not favor mothers over fathers. Instead, decisions about parenting time and responsibilities are made based on the child's needs, each parent’s relationship with the child, and other factors.

In short, fathers in Illinois are entitled to the same rights as mothers. If you are a father getting a divorce, an Illinois divorce attorney at Andrew Cores Family Law Group can help ensure your rights are protected.  

You Have the Right to Establish Paternity 

Were you married to your child’s mother when the child was born? If so, state law presumes you are the child’s father. If you were unmarried, proving paternity is vital for securing your parental rights.

You may establish paternity by signing the Voluntary Acknowledgement of Paternity (VAP) document or taking a court-ordered paternity test. Once you have proven paternity, you have equal standing with the child’s mother.

You Have the Right to Seek Parental Responsibilities 

Illinois does not use the term "child custody". Instead, the law discusses the allocation of parental responsibilities. Once you have proven you are the child’s father, you have the right to your share of: 

• Decision-making responsibilities: The father has the right to ask the court for joint or sole decision-making authority over major issues that can impact the child, including schooling, healthcare, religious upbringing, and extracurricular sports.

• Parenting time: The father can seek his share of physical time with the child. This could mean setting a schedule for 50/50 parenting time, depending on what is in your child’s best interests.

You Have the Right to Reasonable Parenting Time

You have the right to a reasonable amount of parenting time unless there is evidence that your involvement in your child’s life would endanger them. What is reasonable parenting time? Depending on the situation, it may be regular child visitation or a more involved role. If the mother and father cannot agree, the family court will devise a parenting plan based on your child's best interests.

You Have the Right to Child Support (If Appropriate)

If the father is the child’s primary caregiver or has substantial parenting time, he may be entitled to child support from the other parent based on their income and parenting time allotment. On the other hand, if the mother has more time with the child, the father may be ordered to pay child support. However, child support is calculated in a gender-neutral manner according to each parent’s financial situation.

Remember, as the father, you have the same rights to your child as the mother. Illinois courts are mandated to remain gender-neutral. Speak to a seasoned Illinois divorce attorney if you have questions about your rights as a father.

Contact a Wheaton, IL Divorce Lawyer Now 

Are you concerned about safeguarding your rights as a father during divorce? An experienced DuPage County, IL divorce attorney can help you understand your fatherly rights under Illinois law. Contact Andrew Cores Family Law Group at 630-871-1002 for a free legal consultation.