Can a Father Get Sole Custody of a Child in Illinois?

 Posted on March 05, 2025 in Divorce / Family Law

Fathers often worry that they will not receive fair treatment in child custody and divorce cases, but fathers actually have the same legal custody rights as mothers. A father can obtain sole parental responsibilities if he proves that it is in the child's best interests, and our Illinois family lawyer can help fathers understand how this is possible. Note that Illinois law no longer uses the term "custody," instead referring to parental responsibilities and parenting time.

When Can a Father Get Sole Custody in Illinois?

While the court presumes that a child benefits from having both parents involved, there are situations where a father may seek sole decision-making authority and all or the majority of parenting time.

A father seeking sole custody must show that the child's mother is unable or unwilling to care for the child. The court evaluates many factors when making this determination, including:

• Parental fitness: If the mother has a history of substance abuse, neglect, domestic violence, or criminal activity, the court may grant the father sole parental responsibilities.

• The child’s best interests: The court considers the child's needs, relationships with both parents, stability, and any history of abuse or neglect.

• The ability to provide a safe and stable home: A father who can demonstrate that he is the more stable and capable parent may be awarded sole custody.

• The willingness of each parent to facilitate a relationship with the other: Courts prefer arrangements that support the child’s relationship with both parents unless there is a compelling reason to limit contact.

• The child’s wishes: If the child is mature enough, the court may consider his or her preference when determining parental responsibilities.

Establishing Paternity

For an unmarried father, securing legal paternity is an essential first step in seeking sole custody. Without legal recognition as the child’s father, a man has no parental rights. Paternity can be established through:

• A Voluntary Acknowledgment of Paternity (VAP) signed by both parents

• A Court order based on genetic testing

• An administrative order through the Illinois Department of Healthcare and Family Services

Once paternity is established, a father has the right to petition for parental responsibilities and parenting time.

Modifying an Existing Custody Order

If a father was previously granted shared parental responsibilities but believes that sole custody is now in the child’s best interests, he must ask the court for a change called a modification.

Illinois law requires a substantial change in circumstances for an existing custody order to be modified. This change in circumstances must be quite serious for a father to be given sole custody when he previously shared custody with the mother. Issues like abandonment, neglect, or substance abuse may be serious enough for a parent to lose custody.

Contact an Oswego, IL Family Law Attorney

Fathers have the right to seek sole custody if it is in the best interests of their child. If you need help petitioning for parental responsibilities or modifying an existing order, an experienced Kendall County, IL fathers’ rights attorney can advocate for you. Loire Krajniak Law, LLC provides dedicated legal support for fathers seeking custody. Call 630-448-2406 today for a free consultation to discuss your case.