Winning a Custody Battle as a Father

 Posted on May 08, 2013 in Family Law

It used to be assumed that no matter the situation, a child would be better off with his or her mother rather than father. And yet according to the U.S. Department of Health and Human Services, this idea is changing. In fact, psychologists are beginning to note the importance of a father in a child’s formative years. Dr. David Popenoe told the Administration for Children and Families that, “involved fathers bring positive benefits to their children that no other person is as likely to bring.” The same publication notes that one of the most direct influences on the behavior of children in future relationships is the relationship between the child’s father and mother. Even if parents are divorced, if they can maintain a positive relationship, it can be beneficial to children. 

According to divorcenet.com, “unlike some states, Illinois doesn’t presume that joint custody is in the child’s best interest.” And yet Illinois state law insists that both parents be present in the child’s upbringing, save in instances of proven domestic violence. Unlike outdated laws that assume a mother must be unfit before custody be awarded to the father, current Illinois state law states that a father, if he is in the child’s best interest, could be awarded custody even if the mother is fit.

Another reason, according to Yahoo! Voices, that a mother may not win a custody battle is her income. In many divorce cases, husbands were still the primary breadwinners, meaning that they would be responsible to pay either alimony or child support, or likely both. If a father is looking to win custody, illustrating the financial dependency of the child on him could be a good route. Another important factor is the father’s home. In many divorces, the woman keeps the marital house. If a father wants custody, he’ll have to make sure that whatever new home or apartment he moves to during divorce proceedings is comparable to the living standard that the child had in the family home.

If you or someone you know is facing a custody battle, don’t go through it alone. Contact a dedicated Illinois family law attorney today.

Image courtesy of FreeDigitalPhotos.net