Bloomington Divorce Blog

There are many different fathers' rights topics that may need to be taken into consideration by someone who is going through the end of their marriage. Not only do concerns related to the financial side of divorce often arise, such as alimony payments and calculating child support, but there are many other facets of family law that can be particularly difficult for some fathers. For example, a bitter custody dispute over kids may surface and during this battle, a father's former partner may falsely accuse them of family violence, which could shatter their life in more than one way.

Family violence allegations can trigger a ripple effect of hardships in a father's life, and these difficulties may be even more pronounced for someone who is trying to adjust to daily life in the wake of a recent divorce. They may be criticized by friends and family members for allegations that are completely untrue and they could even face problems related to their career. Restraining orders and being unable to spend time with kids are some other concerns for many fathers. Unfortunately, some people falsely accuse their child's other parent of family violence because they want to win a custody battle. Or, in some instances, a father may be falsely accused of family violence by a bitter ex who wants revenge.

The moment that you learn you are going to be a father can be quite shocking, particularly if you are not married to the child's mother. Many men from Bloomington come to us here at the Stange Law Firm in this scenario with the same sentiments. Some may be excited at the prospect, others may question the validity of such claims, and others might feel conflicted. Whichever of those groups you happen to fall into, it is important that you understand the local laws regarding men in your position.

Interestingly, a DNA test alone is often not considered to be sufficient evidence to establish paternity. Instead, the state has established guidelines that presume paternity. Per Section 46/204 of the Illinois Parentage Act, you are presumed to be the father of a child in any of the following scenarios: 

• The child was born while you and their mother were married, or were in a civil union (or similar legal relationship)
• The child was born within 300 days of the end of your marriage, civil union (or similar relationship) with their mother
• You entered into a legal relationship with the child's mother (that was later declared invalid) within 300 days prior to their birth
• Your marry or enter into a civil union (or similar legal relationship) after the child is born and you consent to have your name listed as a parent on their birth certificate

Co-parenting is an arrangement that allows both parents to play an integral part in their child's daily life after a divorce is finalized. This form of parenting has grown in popularity in recent years as research has shown that, barring any instances of abuse, children generally do best when both parents are actively involved in their upbringing.

In theory, co-parenting sounds great. The reality is not always as wonderful. You and your ex have chosen to move forward with a divorce for a reason. It can be difficult to put the frustrations that led to the divorce aside and move forward with a successful co-parenting agreement.