Championing Chicago-Area Mothers’ Rights to allocation of parental responsibilities and Support
Chicago Family Law Attorneys
Chicago and Northbrook attorneys also assist with enforcement and modifications of court orders
Men earn higher wages on average than women. Men can also be fierce competitors, so when it comes to divorce, allocation of parental responsibilities, child support, spousal maintenance and the distribution of marital assets, women can benefit from the 25 years of tenacious divorce court advocacy that The Law Offices of Michael P. Doman, Ltd. brings.
The same rights as men in all divorce matters, including allocation of parental responsibilities
Illinois divorce courts claim no bias toward either sex in deciding divorce issues, and this applies to allocation of parental responsibilities and parenting time as well. The court does not assume the mother is the preferable parent. Rather, it commences its deliberations on the assumption that the best interests of the child will be met by the active participation and encouragement of both parents.
Unwed mothers’ rights initially trump the father’s
Just as there are fathers’ rights, there are mothers’ rights as well. If there is no legally recognized father, the mother has the right to the allocation of parental responsibilities, care and control of the child. She may also make arrangements to have the child adopted. Those rights remain hers unless she is unfit to fulfill her responsibilities as the child’s custodian or until the court legally recognizes the father.
Once the father becomes legally recognized, his permission will be required to complete any adoption plan. He is also eligible to pay child support. And he may petition the court for allocation of parental responsibilities or parenting time rights.
Child support and spousal maintenance work both ways
Illinois’ commitment to equitable treatment means either spouse has the right to seek allocation of parental responsibilities, child support and spousal maintenance. Either may also ask the court to make an award of temporary allocation of parental responsibilities, child support and spousal maintenance until the divorce order is finalized. Back payments for child support and alimony may be part of the final divorce order as well. And a mother has the right to prove the paternity of her child to seek child support and other help in raising the child.
The right to file for divorce on grounds other than irreconcilable differences may help in allocation of parental responsibilities
As noted, Illinois courts do not favor either sex in resolving divorce and allocation of parental responsibilities issues. In fact, they are not supposed to care whether you are married or not.
But your marital status can matter in allocation of parental responsibilities. Because if you are getting divorced, then one of you may be filing for grounds other than irreconcilable differences. Grounds are not supposed to factor into the court’s consideration of most issues, but grounds of abuse, abandonment and adultery may highlight evidence suggesting allocation of parental responsibilities should be awarded solely to the spouse filing the petition.
Either party may file for divorce, but a mother’s chances for custody may be strengthened if she files for grounds that call into question the other spouse’s appropriateness as a custodial parent.
Married or not, retain a lawyer to ensure your rights are asserted
Whether you are married or single, there is always the possibility that your ex, who may or may not be the legal father, will try to show that you are mentally unfit to meet the responsibilities of sole or allocation of parental responsibilities of the children. Hiring an experienced family law attorney helps you cover all your allocation of parental responsibilities bases. If you want to send a message that you are serious about obtaining allocation of parental responsibilities, call The Law Offices of Michael P. Doman, Ltd. at 847.897.5288 or contact us online today.