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Four Facts Fathers Should Know During Divorce

Posted on in Divorce

Four Facts Fathers Should Know During DivorceFathers often start at a disadvantage when trying to obtain a majority of the parenting time during a divorce. There is a lingering societal assumption that mothers are the caregivers, and some believe that the bias affects the courts' decisions. However, it is a father’s resignation towards a negative outcome that hurts him the most. Assuming that a court will rule against him, a father may cede a majority of the allocation of parental responsibilities without a fight. A father must base his decisions on what is best for his children, not what he believes a court will decide. There are four facts fathers should understand during a divorce:

  1. The Law Has No Gender Bias: The Illinois Marriage and Dissolution of Marriage Act does not differentiate between mothers and fathers. The law assumes that both parents will share responsibility for their children, unless one of the parents is unfit. It is left to the parents to define their individual roles with the children.
  2. Equal Parenting Time Is Not Preferred: Illinois believes that a child is better off living with one parent a majority of the time because it creates more stability. The primary caregiver, which could be either parent, usually receives a majority of the parenting time. However, the court will also consider which parent will provide a better living environment, which may not be the primary caregiver.
  3. There Are Several Ways to Split Parenting Time: A court may allow a 50/50 share of parenting time if the parents show the arrangement would benefit a child with minimal drawbacks. If the court decides to grant the mother a majority of the parenting time, the father can still try to maximize his parenting time. A 60/40 parenting time split can give a father an extra day with his children, as opposed to a more traditional 70/30 split.
  4. Children Benefit From Being With Their Father: Numerous studies have shown that children grow up happier and more well-adjusted when they have a relationship with both parents. Even if he is not the primary caregiver, a father can provide wisdom and emotional support that helps a child mature into a better adult.

A Father’s Rights

As a father, you should enter your divorce knowing whether you want to have a majority of the parenting time with your children. If you do, you can expect that the mother will contest you. A McHenry County divorce attorney at Botto Gilbert Lancaster, PC, will help you show why your children are best off with you as the primary parent. Schedule a free consultation by calling 815-338-3838.



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