Do Judges Give Parenting Rights to Mothers Instead of Fathers?

 Posted on September 07, 2023 in Divorce

Divorce is usually a challenging process. It is not a surprise that if you are in the process of divorce, you may have many questions about your future. One issue that might come up is whether you will receive full parenting rights (defined in Illinois as having the authority to make decisions for a child and the ability to spend time with a child as her caregiver).

It is true that this path can be complex. Perhaps you might worry that since you are the father, you will not receive parenting rights. But you should not feel hopeless. An Illinois family law attorney can assist you. Here at Calabrese Associates, we are here to help navigate your journey, and we will do our best to help.

Why the Courts Favored Women in the Past

For a long time, many believed that the mother should have full parenting rights for her child. This assumption is based on two central reasons:

• A strong belief that a woman is generally more caring and more loving than a man. If a woman has this ability, it is appropriate for her to receive full parenting rights.
• For much of the past century, men have traditionally been the breadwinners of a family. As such, families tended to rely on the father for most or much of their income. This meant that the father was busier and less available for his children. With less of their time available for the children, fathers in the past were usually not given primary parenting rights.

Today's world is different from that of the past. Many women now have the opportunity to work in jobs with high salaries and demanding hours. Because of these changes, and because of changed perceptions in a father’s role in parenting, women are no longer the only choice for parenting rights.

This applies to the state of Illinois, where the law does not discriminate against men or women. Each gender is considered equally capable and fit to receive parenting rights. Instead of relying on gender alone to make decisions, the court looks at many other factors when it decides which person will receive parenting rights.

Schedule a Meeting with an Experienced Naperville, IL Family Law Attorney

If you are considering a divorce from your spouse, it is important that you know your legal rights and responsibilities. We advise you to contact our experienced DuPage County, IL family law attorney at Calabrese Associates, P.C.. You can contact us online or at 630-393-3111. With personalized advice tailored to your situation, we can make a real difference in your case.