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3 Common Divorce-Related Issues Every Father Should Understand

Posted on in Family Law

3 Common Divorce-Related Issues Every Father Should UnderstandThree or four decades ago, a mother was typically granted full custody of her children if she and her husband got a divorce. The father would usually be awarded visitation rights, and he may have been able to see his kids every other weekend or possibly a couple of days during the week. In today’s world, attitudes toward parenting have changed. Fathers are more likely to be given equal decision-making responsibility for children, and they have the right to parenting time. While this is usually true, many fathers still feel that they are not treated the same as mothers when it comes to the allocation of parenting time and parental responsibilities. In order to protect fathers’ rights, there are some specific issues that fathers should pay attention to when getting a divorce:

Parenting Rights

In the state of Illinois, the courts encourage divorcing parents to come to an agreement on parenting time and decision-making responsibilities on their own. This can be done through the parents themselves or with help from a mediator. If they are unable to come to an agreement, the court will make decisions for them based on what is in the child’s best interests. 

Both parents are legally entitled to have a reasonable amount of parenting time with their children. If a father played a significant role in raising and caring for children while married, he should be able to continue having this same relationship with them following the divorce. The only reason a court can restrict parenting time is if there is clear evidence that spending time with a parent would endanger the child’s physical, mental, emotional, or moral well-being. 

Paying or Receiving Spousal Maintenance

Not every divorce case will involve spousal maintenance (alimony). The court will determine whether or not a spousal support award will be necessary using a variety of factors, which can include:

  • Whether or not one parent stayed home to take care of domestic duties while the other worked
  • The employability and earning potential of both spouses
  • How long the marriage lasted

Contrary to what many people still believe, either spouse can receive spousal maintenance — not just wives.

Child Support

Child support can be a tricky area because, in some cases, the amount of financial support that parents are obligated to provide for their children will depend on how the parenting time is allocated. Typically, child support is paid to the parent with the majority of the parenting time by the other parent. Child support is intended to cover the costs of the child’s basic needs, such as food, clothing, shelter, and medical care. However, there are additional expenses that can be added to a child support order, such as school and extracurricular expenses, out-of-pocket medical costs, and child care. The amount of child support payments is based on the income earned by both parents, so fathers should be sure all sources of income and all relevant expenses are taken into account. 

Contact a Knowledgeable McHenry County Family Law Attorney

In today’s world, fathers have the same rights as mothers when it comes to their children. However, many fathers still struggle with being seen as an equal parent when it comes to parenting and child-raising. At Botto Gilbert Lancaster, PC, we understand the importance of a father playing an active role in his child’s life. Contact one of our experienced Crystal Lake divorce lawyers to get the help you need. Call 815-338-3838 for a free consultation today.

Sources:

https://theweek.com/articles/459477/8-financial-tips-men-getting-divorce

https://www.fatherly.com/love-money/7-tips-dads-need-to-know-about-custody-before-filing-for-divorce/

https://goodmenproject.com/divorce/fathers-rights-after-divorce-in-the-united-states/

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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