Fathers and Child Custody

It is no longer an unusual circumstance for a Father in a divorce to want primary custody or shared custody of his children. Ideally, in every divorce, each fit, loving, and devoted parent should have a relatively equal investment in the care and nurturing of their child. Michael Roe recognizes the unique and necessary role that Fathers play in the lives of their children; many times, the Father is the preferred residential parent for the children. In fact, Michael has been a director of a single father's nonprofit for a number of years, and has written on the subject of father's rights. Michael Roe has represented many fathers seeking custody of their children, and is an experienced and zealous advocate for fathers seeking a primary or substantial parenting role in their children's lives.

One of the first things our law firm does when helping dads navigate child custody in family court is take on board all the circumstances of their family system and the facts of the case and set goals and expectations for the case. Issues concerning our clients and their child custody concerns has been at the center of Michael Roe’s practice for decades. With decades of experience managing child custody cases, some positive thoughts and points have come to the forefront; here are some thoughts about custody and visitation that fathers should know when preparing to move through a divorce that involves children.

Family courts in Illinois do not generally favor the mother, though there are circumstances whereby many judges privately presume that the mother will have the majority of parenting time. Fathers, however,  are not at a disadvantage because of their gender, and we have managed many cases in which the father was awarded equal or primary parenting allocation of the children.  Many fathers that may have been the most career minded can often modify their work habits to be more available to their children in divorce and it is a common family dynamic in the 21st century that both mothers and fathers now have equivalent time obligations in their jobs.

The standard the court uses during a divorce is the best interest of the child. The court holds that frequent and continuing contact with both parents is in the child’s best interest. That is unique to every family’s situation, and set forth in a parenting plan which parents agree to—and sometimes litigate—in the divorce process.

Child Custody is one of the reasons many divorce cases go to trial. A small percentage of divorce cases go to trial—and custody tends to be one of the issues that spouses will fight in court. Parents who are separating are required to go to custody mediation and create a parenting plan that lays out allocation of parenting time, divides parental responsibilities, and defines decision-making with respect to the children.

Parenting roles prior to separation are relevant to many judges. The courts do not want a divorce to disrupt the lives of the children, and rightly take into consideration what parenting roles looked like before the parents split up. That said, the child’s best interest is always the most important determining factor in child custody during a divorce. Many behavioral and psychological issues that caused difficulty in a marriage can end u being very relevant when the issue of child custody after a divorce occurs.

The courts are in generally favor of maximizing parental involvement when the children will benefit.  Be sure that you are going to their doctor’s appointments, school functions, and extra curriculars. Know their teachers, doctors, and clothing sizes.

Do not navigate family court matters without an experienced child custody attorney. 

If you are a Father in Kane, DuPage, Cook, McHenry or any Illinois county seeking primary custody or shared parenting of your children, contact Michael Roe at (331) 222-9161 or contact him online for aggressive and experienced representation in your custody case.

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