Tag Archives: joint custody

IL family lawyerNot long ago, Illinois courts assumed that giving sole child custody to mothers was in the best interest of the child. In fact, it was not until the 1970s that most states began adopting new laws that treated mothers and fathers equally, as well as favoring joint custody over sole custody for one parent. While some believe that fathers are still discriminated against when it comes to equal custody decisions, studies have proven this to be untrue. Fathers’ rights groups have been perpetuating disinformation for over the last decade about how mothers are given preferential treatment by the courts. One Wisconsin study showed that from 1996 and 2007, divorce cases in which the mother was awarded sole custody dropped from 60.4 percent to just 45.7 percent, while shared custody increased from 15.8 percent to 30.8 percent in that same time period. Other studies have had similar findings. Yet, in some cases, fathers do face challenges.

Fathers Who Never Married the Mother of Their Child

While married mothers and fathers are generally treated equally in court when it comes to custody decisions, the same is not always true for fathers who were never married to their child’s mother. Children born out of wedlock are more likely to end up living with their mothers than fathers if it comes to a court decision.

White, College-Educated Fathers Pay Less Child Support Than Non-White, Poor Fathers

Race and income have a lot to do with how much child support a father will have to pay. In addition to wealthy men fighting against reforms that would require them to pay more in child support, white, college-educated men are more likely to get out of paying substantial child support, while poor fathers are more likely to be held accountable, tracked down, and put in jail for skipping on their child support payments.

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b2ap3_thumbnail_divorced-dads.jpgWith most cases, the desire for the majority of divorced fathers to maintain an active presence in their child’s life can be an emotional and often frustrating challenge. For most, it is often hard enough to have been a strong role model while living within the family home but following divorce, most fathers feel that the physical every day contact has turned into an untethered existence in their child’s life, often diminishing the emotional connection as well.

Even in the most of amicable dissolutions of marriage staying connected can be difficult. The following advice can assist fathers wishing to staying active in their child’s life following divorce.

Understanding the Effects of Divorce on the Child

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illinois nesting agreement lawyerA child must travel back and forth between their father's and mother's houses where the parents no longer get along or have separated during a pending divorce.  This form of sharing joint parenting time or sole custody with the other parent having visitation is frequently the subject of a court order agreement.

Switching between two households is certainly not ideal for a child who is already stressed by the conflicts between divorcing parents. A child needs a sense of home, particularly where a child is watching their parents argue or fight, sometimes about them.

"Nesting" is an alternative arrangement. Instead of a child switching back and forth between the parents separate homes, sometimes "nesting" in divorce or custody cases teach the child in the home, while the mother and father take turns living in the home with the child. So that while one parent is at home, the other parent lives somewhere else. "Nesting" at first look seems like an ideal arrangement.  However good it may be for the child, the parents typically hate it.

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