What Are a Mother’s Rights after Divorce?

What Are a Mother’s Rights after Divorce?

If you are a mother who is facing a divorce, it is only natural to wonder what your rights are as a parent. Further, many fathers believe that mothers are automatically afforded more parental rights when it comes to divorce. Whatever your situation is, however, it is important to understand that the State of Illinois bases all decisions related to child custody – or parental responsibilities – on the best interests of the involved children. There is no preference between mothers or fathers, and both begin with equal rights under the law. If you have concerns related to your parental rights, it’s time to consult with an experienced Illinois child custody attorney. 

Child Custody Arrangements in Illinois

Illinois addresses child custody in terms of parental responsibilities, which includes parenting time. Both decision-making authority and visitation schedules must be hammered out, and the court is always guided by the best interest of the involved children. There is no presumed preference in relation to the father or the mother. There are, however, two important best-interest factors that correlate with positions that mothers have traditionally filled in the past and that helped to support the idea that mothers had more considerable parental rights. Over time, however, even the perception of this bias has lessened considerably. These factors include:

• The court takes the status quo into consideration, and if the children are well adapted to their current living situation, it can affect the court’s child custody determination. 
• The court looks at each parent’s level of involvement in raising the children to date. 

These factors are somewhat more likely to apply to mothers – especially in the past – which can skew the perception of mother’s rights. 

Best Interest Factors

The range of factors that Illinois courts turn to when making decisions regarding child custody include all of the following (and how these factors relate to you as a parent will help to determine your parental rights moving forward):

• Each child’s preference (if the court determines the child is capable of reasonably weighing in on the matter)
• Each parent’s preference
• Each parent’s ability and willingness to facilitate the other parent’s close, ongoing relationship with the children
• Each parent and each child’s overall physical and mental health
• Each child’s age, developmental stage, and needs – as well as any special needs
• Each parent’s level of commitment to cooperating with the other in terms of parental decision making 
• The distance the parents live from one another and the expense and challenge of traveling from one home to the other
• Whether domestic violence, child abuse, or child neglect is a concern
• Any other factors deemed relevant to the unique case at hand 

Don’t Wait to Consult with an Experienced Illinois Child Custody Attorney

At SAM LAW OFFICE, LLC, our trusted Illinois child custody attorneys recognize the gravity of your parenting concerns and are committed to employing the full force of our impressive experience and legal insight in pursuit of a beneficial resolution. Your priorities are our priorities, so please don’t put off contacting us for more information today.