Waukegan Custody Dispute Attorney
In recent decades, the issue of fathers’ rights has gained more traction both culturally as well as in the courts. Practically speaking, fathers have a larger number of legal options available to them for challenging adoptions, laying claim to the custody of their children, and establishing visitation rights. Typically in a divorce, the court will act according to what it believes is the best interest of a child. In determining custody, this means the court takes into consideration the earning potential of each parent, his or her work history, health condition, daily involvement in care giving for the child, and other factors. In the past, mothers had an advantage over fathers because of their role in the daily care, upkeep, and maintenance of a child. Now, however, the involvement of fathers – whether they work or stay at home – in the lives of their children is given equal weight to that of mothers.
At Schlesinger & Strauss, LLC, our family law attorneys assert and defend the rights of fathers in custody disputes, visitation planning, and paternity cases that affect adoptions. If you are a father and believe your rights have been denied or ignored, contact Libertyville, Illinois fathers’ rights attorneys at Schlesinger & Strauss, LLC, today.
Adoptions and the Putative Father Registry
When a child is born in Illinois and the parents are not married to each other, a father should register with the state’s putative father registry at that time. Doing so provides important legal rights in challenging an adoption or establishing visitation rights later. Under Illinois state law, an adoption requires the termination of parental rights.
Consequently, a search of the state’s putative father database should be conducted before an adoption is finalized. Registering with the database means you must be contacted before the adoption of your child can be approved. Once you are contacted, you may challenge the adoption.
Visitation, Paternity, and Fathers’ Rights
It’s not uncommon for a child’s mother to deny parenting time to a father in an attempt to exclude the father from the lives of her and their children. However, the law says a father has a right to visitation with his children. In some situations, however, a mother refuses to allow a father visitation, resulting in the need to go to court to obtain a court order.
In cases where paternity is in question, a positive paternity test serves as the legal foundation for obtaining a court order mandating parenting time for a father. If a child’s mother continues to deny a father visitation, she can be held in contempt and forced to comply with a court mandated visitation schedule.
Contact Libertyville, Illinois Fathers’ Rights Attorneys
If you want to establish visitation with your child or want to challenge the adoption of your child, contact Libertyville, Illinois fathers’ rights attorneys at Schlesinger & Strauss, LLC, today.