Belleville Father’s Rights Attorney

Protecting Your Rights As A Father Under Illinois Law

As a father, it is your fundamental right to be involved in your child’s life, irrespective of whether you are or will be on good terms with your child’s mother. In Illinois, there is a presumption on record about the importance of fathers and the role they play in the lives of their children. Whether you are seeking custody or visitation or need help establishing paternity, we are here to support and defend your rights as a father. At Buchmiller Family Law, LLC, our law firm represents fathers in Belleville and throughout Illinois, helping them stay involved in their children’s lives when it counts the most.

Establishing Paternity In Illinois

If you are not married to the mother of the child at the time of its birth, Illinois law does not automatically consider you the child’s legal father. The establishment of paternity is essential to guarantee your rights as a parent: custody, parenting time, and even child support. Your child gets entitled to legal rights, including inheritance and health benefits.

Paternity can be established in these ways here under the Illinois Parentage Act of 2015 (750 ILCS 46):

Voluntary Acknowledgment of Paternity (VAP) – This is an easy way to establish paternity when both parents agree. You are recognized as the legal father without going through court when you sign a Voluntary Acknowledgment of Paternity form

Administrative Paternity Order – If paternity is not solely acknowledged, then the Illinois

Department of Healthcare and Family Services will issue an administrative paternity order. It makes it that much more accessible to establishing paternity without going to court.

Court Order – If a dispute arises regarding whether a person is the child’s father, a petition may be filed in court by either parent for the establishment of paternity. This is provided in instances when the male denies being the biological father of the child based on a DNA test. After this, you have the right to pursue your custody and parenting time.

Custody And Parenting Time Allocation Of Parental Responsibilities And Parenting Time

When it comes to your kids, nothing can be more crucial for any parent than their well-being and having a good relationship with them. In Illinois, the term “custody” has changed to the allocation of parental responsibilities, which defines how major decisions regarding your child’s future are made in areas such as education, healthcare, and extracurricular activities.

Parental Rights Of A Father

Illinois law does not discriminate between fathers and mothers when seeking to allocate parental responsibilities. The court shall always pay heed to what is in the best interest of the child, and both parents will be encouraged to participate. We are here to help you in framing a parenting plan reflecting your role in the life of your child and to ensure that your voice will be heard whenever an important decision has to be made.

Visitation/Parenting Time

Many people still refer to this as visitation, but parenting time is the time you have with your children. The Illinois courts are interested in having parents continue their relationships with the children, if at all possible, without harming a child. We will help you devise a fair parenting time schedule that will enable you to continue your relationship with your child. Whether it is a matter of establishing parenting time or modifying a current schedule, we will see that your rights as a father are preserved.

Allocation Of Parental Responsibilities

Child Support For Fathers

The other crucial factor in being a father includes child support. In Illinois, the method behind child support calculation is the income-shares model, in which financial responsibility for the children is apportioned between both parents based upon an analysis of each party’s respective incomes and the amount of parenting time each parent enjoys.

Fair Decisions In Granting Child Support

Whether you are receiving or paying child support, our assistance can ensure the calculation is fair and reflective of your financial situation. This, in turn, is aimed at making sure the needs of your child are met, thus not placing an unjust financial burden on either parent. We will also help you understand the Illinois child support guidelines and make sure that any support agreements or modifications are reasonable and just.

Modification Of Child Custody Or Support

As life changes, so may your agreements regarding custody or support. Illinois law allows modification of such agreements if a substantial change in circumstances has occurred. Whether it be due to a job change, relocating, or the needs of your child simply evolving, you may request changes to better suit your changed situation.

Requesting Modifications To Custody Or Support

If you would like to modify any custody or support arrangements, our legal team can assist you. We can guide you through the legal process and strive toward a modification agreement that better reflects your interests and that of your child.

Preserving Father’s Rights Relocation Cases

One of the more annoying issues fathers may face is when the other parent would want to relocate with the child. Under Illinois law, a primary custodian wanting to relocate more than a certain distance from the other party needs to have their motive approved by the court. As a father, you are well within your rights to object to a relocation if it has negative consequences on your relationship with your child.

How To Object To A Relocation That Affects Your Parental Rights

Our father’s rights attorneys support you in contesting relocation efforts that impede your parenting time and involvement in your child’s life. In granting or refusing to grant a relocation, the court will have to make a decision based on what serves the best interest of the child, and we will be there to present your case in a manner that protects your rights and relationship with your child.

Defense Against False Allegations Of Domestic Violence

Unfortunately, too many men are falsely accused of domestic violence. These untrue accusations can destroy their custody and visitation rights. Illinois does take domestic violence claims seriously, and such an accusation could limit your opportunity to visit with your child. If you have been falsely accused, we are ready to fight for your rights and your position in your child’s life.

Domestic Violence Claims – Defense

In cases of false allegations, we work to have the truth brought out. We will present the facts of your case in a clear and persuasive manner, not only protecting your rights as a father but safeguarding against these false claims and preserving your rightful place in your child’s life.

Illinois Father’s Rights FAQs

How Do I Establish Paternity If The Mother Doesn’t Agree?

If the mother does not agree to acknowledge paternity, you can file a petition with the court for the establishment of paternity. The court can then order DNA testing to verify who the parent is. Once paternity has been established, a father may request custody, parenting time rights, and child support.

Can A Father Get Full Custody In Illinois?

Yes, a father can be granted full custody if that serves the best interest of the child. In making this determination, the court considers how well the child gets along with each parent, the stability of each parent’s home environment, and the level of cooperativeness between each parent. Our law firm will help you make a strong presentation for full custody.

How Does Child Support Work For Fathers?

The determination of child support is based on the incomes of the parents and their parenting time with the child. Illinois takes an income-shares approach, fairly dividing the child’s expenses between the two parents.

What Are My Rights If The Mom Wants To Relocate With The Child?

If the mother intends to move with the child, she renews her application before the court for permission to move. If you are a father, you may object to the move if the move disrupts your contact with your child or is in violation of your agreement on custody.

Can I Modify My Custody Agreement If My Circumstances Change?

Yes, you can modify your custody agreement if your situation changes, for instance, because of a job relocation or changes in your child’s needs. We will help file motions to alter your situation and reflect the new one.

Call Our Belleville Father’s Rights Attorney For A Free Consultation

Let’s Protect Your Rights As A Father Today

Call our Belleville Father’s Rights Attorneys at Buchmiller Family Law, LLC by calling 618-432-1866 to receive your free 15-minute telephone consultation, or simply fill out the form on this page. Together, we will fight to protect your paternal rights.