If you’re a father who is divorcing or otherwise parting ways with your co-parent, where you live can make a big difference in how hard you might have to fight for equal or more parenting time.
The organization behind the website Custody X Change studies the differences between states in how much parenting time fathers get when they and their co-parent divorce or are no longer in a relationship.
Where does Illinois stand compared to other states?
You might be surprised to find that in the most recent study, Illinois ranked 47 out of 50. Fathers, on average, had just over 23% of parenting time.
The study also looked at the differences in fathers’ parenting time based on whether a state is considered blue (Democratic), red (Republican) or purple (a swing state that doesn’t vote reliably for one party or another). Many people would expect “blue” states like Illinois to generally split custody 50-50, with more conservative “red” states giving mothers the bulk of the time. However, that’s often not the case.
So what does this mean for Illinois fathers who want to share custody (allocation of parental responsibilities and parenting time, as it’s known in Illinois) evenly or even seek primary or sole custody? It simply means it’s important to understand the law and to be prepared to present a solid case focusing on the best interests of the children.
What does Illinois law say?
In Illinois, the law focuses on what’s in the best interests of the child when it comes to determining who has decision-making responsibilities and where a child lives. If parents can’t reach an agreement on their own, the court will consider multiple factors, including which parent has been the primary caregiver, the mental and physical health of both parents and the needs and wishes of the child. There is no underlying assumption in the law that evenly shared co-parenting is in a child’s best interests.
If you’re a father seeking 50% or more parenting time and responsibilities and you need to make that case to a judge, it’s critical that you have experienced legal guidance. If you’re trying to negotiate such an arrangement with your co-parent, that guidance is just as important as you seek to do what’s best for your child.