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Fathers’ Rights Lawyer Bloomington IL

Fathers’ Rights Lawyer Bloomington IL Fathers’ Rights Lawyer Bloomington IL

If you’re looking for a fathers’ rights lawyer Bloomington, IL residents recommend, chances are good that you are a dad worried about bias in your upcoming custody and/or support dispute. The information below will hopefully be a helpful guide. But there is no substitute for case-specific advice. Therefore, we encourage you to contact the experienced team at Pioletti Pioletti & Nichols to discuss your family law situation in greater detail. Whether you’re married or unmarried, concerned about custody, paternity, and/or support, an experienced child support lawyer Bloomington, IL residents trust can help. 

Is There a Bias Against Dads in Divorce-Prompted Custody Cases?

The answer to this question is a bit complicated, and sometimes depends upon which aspect of the process you are focusing on. Purely in terms of statutes (laws on the books), there is no written gender bias or preference in how courts are instructed to make custody rulings. In this way, gender bias is not codified. Instead, child custody decisions are supposed to be made in the best interests of children.

In many states, courts believe it is in the best interests of children to maintain roughly equal contact with both parents (if both parents are fit). In Illinois, a 50-50 custody split (or something close) will usually be approved by a court if the parents can agree on the terms together and it meets the best-interest standard.

Is There an Unwritten Bias Against Dads in General?

Although children’s best interests must be met, Illinois doesn’t necessarily see an equal split as being the best solution in cases when custody is contested. Courts tend to believe that an equal parenting time split is likely to be overly disruptive to the lives of children. As such, many lean toward an outcome in which one parent has the majority of parenting time (such as a 70-30 split). Because mothers are often (but not always) the primary caregivers, it seems to many observers as though women are favored to receive the majority of parenting time in an unequal split. There doesn’t appear to be much data either confirming or refuting this observation, however.

Unmarried Dads are at a Disadvantage

Divorce-prompted custody cases are somewhat different from those between never-married parents. In Illinois, men who are not married to the mother of their children at the time of birth have no automatic parental rights. In order to have parental rights, paternity must be (or must have been) established:

  •         At the birth of the child by both parents signing a Voluntary Acknowledgement of Paternity
  •         After the birth if both parents agree and sign appropriate paperwork
  •         Through a DNA test and court filing if there is not an agreement or cooperation between parents

After paternity has been established, unwed fathers have parental rights and can pursue custody, visitation and other court orders as readily as a father going through divorce.

Contact Us to Discuss Your Case

Our firm proudly represents both men and women seeking custody of their children, whether they are getting divorced or were never married. To learn more about your rights and options, contact a trusted Bloomington, IL fathers’ rights lawyer at our firm today; we look forward to speaking with you. 

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EUREKA, IL LOCATION

107 E Eureka Ave, #1
Eureka, IL 61530

309-467-3213

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121 N Main St
Bloomington, IL 61701

309-821-0246

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Kankakee, IL 60901

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