A study by the organization behind the website Custody X Change looked at the differences between states in how much parenting time fathers get when they’re divorced or otherwise no longer with their co-parent. Illinois came in a dismal 47th out of 50, with fathers getting just over 23% of parenting time.
A lot of states didn’t fare much better. In twenty states, however, dads have an average of 50% of parenting time. The first-of-its-kind study found that on a national average, fathers have 35% of parenting time with their kids.
Even in some states where the laws are written to make 50-50 parenting time the norm, that balance often isn’t achieved. Of course, all kinds of factors can be at play. However, according to Custody X Change, “The percentages in the study reflect cases in which both parents want custody and no complicating circumstances exist ― such as criminal convictions or long-distance separation.”
How parenting time is determined in Illinois
While statistics can be interesting and informative, the only one that matters is how much parenting time you have. It’s crucial, however, to understand state law so you know what you may be up against.
In Illinois, child custody laws favor a custody agreement that’s in the best interests of the child. It’s typically preferable when parents can reach an agreement on their own, with the help of their legal representatives.
If they can’t, a judge should use the “best interests of the child” standard in making the decision. That may require both parents to make a case for why they should have sole or primary physical and/or legal custody. In some cases, a judge may ask someone from Family Court Services (FCS) to do a formal evaluation – particularly if there are accusations of abuse, neglect or substance use disorders
How can parents ensure they are getting a fair amount of time with their children?
While there’s nothing in Illinois custody law that inherently favors mothers over fathers when it comes to parenting time, many people (including fathers) still hold onto the long-held belief that children are better off spending more time with their mothers.
If you’re a father seeking equal parenting time or greater, particularly if your co-parent is fighting you on it, you want an award-winning attorney who specializes in highly contested divorces who has an established relationship with local county judges to help you fight for what is best for you and your child.