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May 28, 2021Affordable Ways in Which You Can Resolve Your Family Law Issue
June 1, 2021There is no doubt that the presence of a father in a child’s life is invaluable. Having a supportive and loving father will help children do better in school and bloom in their social development. Besides being disciplinarians, fathers are skilled caregivers and loving nurturers. Here are some examples of the rights that fathers have in Illinois.
Establishing a Child’s Paternity
For a father’s rights to be recognized, it is necessary to establish paternity. The law in Illinois recognizes the importance of both parents in a child’s life as well as the emotional, physical, and economic support that is provided by their parents, regardless of their marital status. These are the four paths open to a father wishing to establish paternity:
- VAP or Voluntary acknowledgment of paternity
- Marrying after the child is born
- A paternity claim brought to the court
- A paternity order issued by the Department of Healthcare and Family Services, Child Support Services
Clearly, the fastest way to establish paternity is through a voluntary acknowledgment, and all that is needed is a signature on a VAP form. If an unmarried couple goes to the hospital together when the child is born, a VAP form will be provided there. It can be signed and dated in the presence of witnesses.
Rights to Custody and Visitation
In divorce cases, the judge overseeing the case will always use the “best interest of the child” rule when deciding on situations that affect a child’s life, regardless of what the parents want. A host of different factors are considered when making a decision, and they may include:
- The relationship that the child has with each one of their parents
- A child’s relationship with their siblings
- What each parent and the child want for custody
- How involved the child is in their school and community
- The physical and mental health of each parent as well as the child’s
- The specific circumstance of each parent’s living situation
- Whether there was any domestic violence
- How willing to care for the child each parent is
All these factors point to the fact that a father has as much of a right to a child’s custody as a mother.
Rights Regarding Child Support
When one parent is granted primary child support while the other gets visitation, it is quite common that the parent that does not have custody is the one that makes child support payments. This financial support is crucial to ensure many expenses related to raising a child are covered. Among them, food and shelter and other items in which the support can help balance expenses such as medical and educational ones. It is understood that the parent that has custody is responsible for many expenses simply by having the child live with them.
In cases where it is the father who is granted primary custody, it is the mother who gets visitation rights and who is responsible for the child support payments.
These are just the basic rights that a father has in Illinois. Click on https://jimhoppe.com/ to understand what other rights you may have that you may be unaware of. You may need to hire a lawyer who specializes in father’s rights when you are facing support or paternity issues or if you are involved in a child custody case.