${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

New laws are changing child custody determinations

35489272_S (1).jpgChild custody laws have changed in Illinois and many other states in recent years. It was once common for one parent, often the mother, to be awarded primary custody and for the other parent to be awarded visitation on alternating weekends and holidays. Many states have enacted new laws that favor joint custody.

The sweeping changes have been enacted in response to lobbying by father's rights organizations that promote gender equality and equal parenting time. Courts have previously recognized the "tender years doctrine" that presumed that women were superior natural caregivers when awarding primary custody to mothers.

Advocacy groups have pointed out that social science research suggests that children in a shared parenting arrangement benefit academically and socially and have better physical health compared to children who spend most of their time with one parent. The new laws in many states encourage the creation of parenting plans, which studies have shown lead to more equal division of parenting time.

Critics have responded to the changes by saying that the laws will limit the role of judges in deciding what is in the best interests of the child. The laws also impact awards of child support, which critics say is unfair to women who have spent much of their time raising children at home during a marriage while earning less in the workforce.

Parents who have questions regarding child custody litigation may benefit from consulting an experienced family law attorney. A new law in Illinois requires that the terms "parental responsibilities" and "parenting time" be used instead of "child custody" and "visitation." This change is intended to avoid describing child custody determinations in terms of a winner-takes-all approach.

Unfortunately, many judges still have a biased view that mothers are the best primary caregivers. An attorney may be able to help parents develop a shared parenting plan and advocate for equal parenting time so that the case does not have to go to court.

No Comments

Leave a comment
Comment Information
2015 Top 100 Lawyers - ASLA Lead Counsel Rated Rated By Super Lawyers American Legal Institute | America's Top Attorneys 2016 Nation's Premier Top Ten Ranking 2016 | NAFLA 10 Best 2014-2017 | 4 Years Client Satisfaction | American Institute of Family Law Attorneys ™ Avvo Rating 10.0 Superb The National Trial Lawyers National Association of Distinguished Counsel | Nation's Top One Percent National Academy of Jurisprudence Rue Rating | Best Attorneys Of America | Lifetime Charter Member The National Advocates Top 100 Lawyers | America's Premier Attorneys Law Firm 500 | 2016 Honoree America's Top 100 Attorneys American Jurist Institute Top 10 Attorneys American Jurist Institute Top 10 Attorneys 2017
Stange Law Firm, PC

Stange Law Firm, PC
115 Lincoln Place Ct.,
Se. 101
Belleville, Illinois 62221

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map