How can fathers best secure equal custody time?

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We know that more often than not shared parenting is the best option for children of divorced parents. Study after study has supported this reality. In one example, the American Psychological Association examined 1,846 children who were in a sole-custody arrangement and another 814 in joint custody situations. Researchers with this study found children in joint custody arrangements reported fewer behavioral and emotional problems. They also had higher self-esteem and school performance when compared with children in sole custody arrangements. In another report, a clinical psychiatrist reviewed over 50 studies on joint physical custody and found that children who spent a minimum of 35% of their time with each parent did better socially, academically and psychologically.

These studies show the importance of arrangements that encourage children to have ongoing relationships with both parents and beg the question of why this type of arrangement is not the norm.

Isn’t a joint custody arrangement the presumption in most states?

First off, it is important to point out that the answer varies depending on the state. Family law is guided by state law, and each state handles this differently. Many states are rethinking child custody laws in light of the findings noted above. Some states, like Arizona, Colorado, Delaware, Missouri, and Maine, have taken steps to better ensure child custody decisions are more gender equal. But not all, and according to a study discussed in more detail in a previous article, Illinois is one of the worst in the nation when it comes to fathers’ custody rights.

A number of states, often including Illinois, still fall into traditional gender roles when it comes to child custody arrangements. They continue to award the vast majority of custody time to mothers. As noted by researchers behind a study for Pew Charitable Trusts, custody arrangements still tend to reflect life as it was in 1975. It appears the only way to shift this trend is to pass laws that encourage judges to take a different approach. One option is a presumption of 50/50 parenting time for both parents in these types of cases.

Will Illinois lawmakers pass a 50/50 parenting time law?

The question is not a new one. In 2017 the Illinois House of Representatives considered a bill that would have given mothers and fathers equal parenting time. The bill did not move forward, but legal scholars argue that now is the time to pass this type of legislation. They state the pandemic has highlighted the importance of a need to start with the presumption of shared parenting time.

Critics of this presumption point out that joint arrangements are not always the best for children. This need not be a hurdle. The proposed legislation can and does include language that continues to allow the judge discretion to make changes as needed for each situation.

What’s a father to do?

Although advocates for fathers’ rights continue to fight for the passage of legislation that will reflect a 50/50 presumption, this type of law is not yet the reality in Illinois. As a result, fathers who are interested in the custody of their children need to take steps to defend their position.

One step is to get an understanding of what the courts are looking for when making their determination. They generally look to the best interest of the child, which includes a review of the parent’s wishes, previous caretaking responsibilities, child’s needs, mental and physical health of all involved and parental willingness to support a relationship between the child and the other parent.

Fathers who are in this situation can also benefit from the fact that they do not have to go through this process on their own. The Law Offices of Jeffery M. Leving®, Ltd., has experience in the plight of fathers who are fighting for custody rights. Attorney Jeffery M. Leving®can review your case and help build a plan that better ensures your rights are protected during the divorce process.

Testimonials

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Adam Williams
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The Law Offices of Jerry M. Leving excelled in professionalism and etiquette. Atty Hagler & Hartig were incredible resourceful and knowledgable.
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Mike
7 days ago
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The Law Offices of Jeffery M. Leving does incredibly important work not only for Fathers but for the children involved as well. James Hagler’s professionalism, expertise, tenacity and support was at the highest level. Thank you James for all your help.
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J (Jessica)
16 days ago
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Looking for a good attorney is like shopping for a handbag. 🤔A fast fashion Coach purse or a handmade durably crafted Hermés Birkin bag? I chose the latter. Attorney Hagler is the best. 👍If you’re looking for a lawyer who is highly competent, deeply patient, and genuinely invested in guiding families through difficult transitions, he is absolutely worth the investment. Yes, this firm’s rate is on the higher end 💰— but it’s proportional to the return on investment. If you do the long term math, it’s worth every dollar. 💵 With Attorney Hagler at The Law Offices of Jeffery M. Leving, you truly get what you pay for: premium advocacy, measured judgment, and a level of professionalism that protects both your case and your peace of mind.❤️
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Blake Skeep
38 days ago
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I have thus far enjoyed the assurance and relief that Michael Ochoa and Julia Keszycki have given me during my use of Jeffery M Leving Law. Everyone there has been attentive to my goals and concerns, and having a case over an hour away from the main office has not created any hurdles for me or my son. I highly recommend reaching out to this law office to familiarize yourself with what your potential can be in your respective courtroom scenario.
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junior salazar
38 days ago
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I appreciate the people at Jeffery Levings especially Micheal Ochoa, who has represented me , for representing me in my custody battle. They show compassion and understanding and will fight for us fathers who just want to be father's. They fight for fathers rights!!
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Wayne Sivels
38 days ago
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Excellent services provided by my Atty's at Jeffrey Leving Ltd. I cannot thank Atty's Anthony D' Agostino and Arthur Kallow of the law offices of Jeffery Leving for saving me from an unjust situation. The State claimed I owed child support for a child who became an adult decades ago. I was facing an absolute nightmare. They suspended my driver's license and put a lien on property that I didn't even own. It was a terrible ordeal that took a massive toll on my finances and health. Anthony and Art stepped in and fought with true passion on my behalf. Thanks to their tireless efforts and willingness to go to great lengths for justice,the claimed arrearages were completely zeroed out. They literally saved me from this continuing nightmare and gave me back my life. I highly recommend D'Agostino and Kallow and the Law Offices of Jeffery M. Leving to anyone who needs aggressive, brilliant representation. They are worth every penny.
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Grace S
39 days ago
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Michael Ochoa is an excellent Attorney at Law. He is a true professional, compassionate and always took the time to explain things clearly. My divorce case was exceptionally complicated due to my ex-husband's mental illness. I am incredibly grateful to the Law Offices of Jeffery M. Leving, Ltd especially to Michael Ochoa for his help and support during one of the most difficult times in my life. I highly recommend Michael Ochoa to anyone going through a divorce.
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Aliyah Shields
39 days ago
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Michael Ochoa of Jeffery M. Levine has done and continues doing a great job on my child custody case. He works hard in detail and great with communication. Highly recommend!
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Lilia Malacina
39 days ago
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Top flight family law firm that will work tirelessly for the best results.
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Kaleb Wright
59 days ago
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I met Anthony D’Agostino today at Law Office Of Jeffery Leving for a consultation and he’s an amazing attorney passionately helping fathers obtain custody and exceptional time with their kids. Anthony is a father himself so; he understands about life situations when it comes down to father’s rights. Us real fathers in the world deserve the same as mothers we don’t get that much praise but Anthony D’Agostino is the attorney to make a difference for fathers and your voice will be heard. Kaleb W.

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