The Law Offices of Jeffery M. Leving®, Ltd.

Senate should put politics aside and follow House by passing bill to expand the Child Tax Credit

2024-05-02T13:19:19Z

By Jeffery M. Leving^® _SM American families are one step closer to getting additional tax relief after the House approved a bill that would expand tax credits for parents. The bill, called the Tax Relief for American Families and Workers Act of 2024, was approved with bipartisan support in the House. It will head to the Senate next, where Senators should likely pass it to support the concerns of their constituents. This bill, called the Tax Relief for American Families and Workers Act of 2024, comes more than two years after lawmakers let the expanded Child Tax Credit expire. That program credited parents as much as $3,600 per child, which was a large increase from the current amount of $2,000 per child. This bill, if approved in the Senate, will bolster the Child Tax Credit and provide much needed help to lower-income families. While it is not as large as the pandemic-era enhancement of the credit that resulted in child poverty decreasing to record levels, it is a positive for many families and has been pushed by advocates since the expanded Child Tax Credit expired more than two years ago. In a statement after the current bill was passed in the House, Sharon Parrott, president of the Center on Budget and Policy Priorities said in the first year it will lift as many as 400,000 children above the poverty line and give more financial support to an additional 3 million children in families with incomes below the poverty line. While poor families would benefit the most, the Child Tax Credit helps families with many economic backgrounds. To qualify for the Child Tax Credit, families with children under 17 by the end of the calendar year and who have a Social Security number are eligible, according to the IRS. Parents can claim the Child Tax Credit for each child if the child has lived with them for more than half the year and can be claimed on their tax return as a dependent. For divorced parents, the issue of who can claim the Child Tax Credit should be worked out in the divorce decree and sometimes it may be able to be split between parents. In addition to biological parents, the credit can be claimed by foster parents as well as other relatives, such as grandparents or stepparents, as long as the child meets the IRS' eligibility requirements. High-income households may be limited in the amount they can claim from the CTC. Only single filers with adjusted gross incomes below $200,000 and joint filers with less than $400,000 can receive the full credit. The CTC amount is whittled down by $50 for every $1,000 above those thresholds. The bill was passed in the House by an overwhelming 357 to 70 vote, so needless to say it was supported by both parties. I truly hope it has similar support in the Senate, but fear that the timing may cause a vote to be delayed. No vote has been scheduled yet in the Senate, but according to news reports, there is fear that Republican Senators have expressed concerns about the cost and some might be hesitant to give the Biden administration something it could use as a win in an election year. To offset those fears, the bill includes some revived tax cuts for businesses, which may make it more attractive to Republicans. To those Senators, I urge them to put politics aside and realize that passage of this bill is a win for American families, not for either political party. Providing relief to American families should satisfy most people. Providing tax relief to American families is one way we take care of our own and should not be controversial. Simply put, the Tax Relief for American Families and Workers Act of 2024 should be signed into law as soon as possible. Attorney Jeffery M. Leving^® is the recipient of President Biden’s 2023 Presidential Lifetime Achievement Award. Leving, who has dedicated his career to safeguarding children and reuniting them with their fathers, has written three acclaimed books: “Fathers’ Rights,” “Divorce Wars” and “How to be a Good Divorced Dad,” the latter of which was praised by President Obama and by Cardinal Francis E. George, then the Archbishop of Chicago. Follow Jeffery M. Leving^® on Facebook and X @DadsRights.

Some resolutions divorced parents should consider in the new year

2024-03-18T05:34:08Z

By Jeffery M. Leving^® _SM With the start of the new year, many have begun resolutions for several things, which are often health or diet related with most invested in physical goals such as losing weight or getting into better shape. While those types of goals are commendable, many times they are too lofty to be realistic and when results do not show up quickly enough, the goal-setter gives up hope. Another problem with many resolutions is that some may feel if they didn’t start on them as the calendar flipped to January 1, they will have to wait until next year. This is bunk, as every day is a new chance to start anew. Whatever day you might be reading this, I encourage you to start on a new resolution tomorrow and if you’re a divorced parent, consider making a resolution that lasts and just as important, one that impacts your relationship with your children. One solid resolution is to resolve to remind your children that they are loved. This does not cost anything or take much time but is of vital importance. For parents who are in the midst of divorce proceedings or have recently finalized things, their children should be reassured early and often that the divorce is not their fault. All too often, children feel that somehow the divorce is their fault and that if they were better behaved or got better grades, then their parents would still be together. Experts say that the main reason kids blame themselves for their parents’ divorce is because they weren’t told the truth. Without sharing too many details and in an age-appropriate manner, tell your children why you are divorcing. Just as important, let your kids know there is a zero possibility of you and your ex will get back together if correct. Most kids will initially go into a form of denial when their parents separate. Also, assure them that both you and your spouse love them very much and are not divorcing them. Don’t make promises you know you will not be able to keep. Consistently keeping your promises lets your children know that they can trust you and such will help them adjust more easily to your divorce. If you’ve made a promise and then later realize you can’t keep it, be upfront about it to your children. You may think they have forgotten about the promise, but most likely they have not. Honesty is the only thing that earns trust in these types of situations. Another good resolution is to let your child express their feelings, no matter what they are. Children of divorce need time to grieve and many are unable to communicate their feelings in the same manner as an adult. Thus, they should be encouraged to express their feelings about the divorce. Allow them to express disappointment, even if it is you that they are disappointed in. Hear what they say and invest in their dreams. Don't downplay their feelings or say things like "Don't worry, you’ll stop feeling sad," "It's better this way" and “Everything happens for a reason.” That may only convey the message that you can't or don’t want to deal with your children’s feelings. Kids should be allowed to fully emote their feelings and be told that it's natural to feel sad. Offer your support and comfort by letting your children know that their feelings matter to you. Ask what you can do to help them feel better. Their dreams are made of hope for their future. So, support them and keep their hope alive. A third resolution that divorced parents should consider is to respect your children. This may sound obvious, but sadly many divorced parents talk badly of their ex in front of their children. Divorced parents need to stop themselves from doing this sort of thing, even if they feel that their ex did something horrible. The children are not to blame. Do not express bitterness toward your ex or imply that they aren’t a good parent. This will only make your kids defensive, feel guilty and can potentially ruin their self-worth. You may have to communicate with your ex, but be sure that you don’t fight in front of your kids--period. Don’t argue or fight with your former spouse with your children listening. Also, do not argue or discuss child support issues in front of your children. Heated conversations regarding unreliability or finances should take place when your kids aren't around or through lawyers. These types of conversations are not only upsetting, but may cause your children to feel despair, sorrow, and forced to take sides. While I have outlined three possible resolutions, keep in mind there are several other similar ones that you may want to do. (Notice I said do and not try.) It is vital to have the attitude that you will not just try to complete the resolution, but you will actually do it. It is also important that these and any resolutions do not have to start at the beginning of a new year. They can start next week or even tomorrow, as each new day is a new chance for us all to take positive steps towards completing a goal for our children and their future. I hope the resolutions I’ve outlined are considered and undertaken by many. I wish you good luck, but with a positive attitude, you will not need luck. Attorney Jeffery M. Leving^® is the recipient of President Biden’s 2023 Presidential Lifetime Achievement Award. Leving, who has dedicated his career to safeguarding children and reuniting them with their fathers, has written three acclaimed books: “Fathers’ Rights,” “Divorce Wars” and “How to be a Good Divorced Dad,” the latter of which was praised by President Obama and by Cardinal Francis E. George, then the Archbishop of Chicago. Follow Jeffery M. Leving^® on Facebook and X @DadsRights.

Helping parents cover high cost of child care benefits families and our economy

2024-01-30T07:25:58Z

By Jeffery Leving: It’s time the government takes more action to address the cost of child care. Child care has become so expensive that parents are being forced to quit their jobs to care for their children, contributing to the labor shortage and costing the government billions in lost income and sales tax revenue, according to a new study from the Council for a Strong America and the business group ReadyNation. The study found the economy is losing out on an estimated $122 billion a year, and that not having child care, or inadequate child care, costs individual parents more than $5,000 a year — more than $78 billion in total. For businesses, the cost is $1,640 for each working parent in lost revenue and hiring costs, adding up to $23 billion annually. The government also loses income and sales tax revenue, to the tune of $21 billion, or $1,450 per working parent, because parents without enough child care earn less and therefore buy less. The study also found that 85% of primary caregivers said child care challenges are cutting into their work hours or productivity, causing them to be late for work, miss days and be distracted on the job. One-third of working parents have switched from full-time to part-time hours, while 26% of parents reported quitting a job due to child care problems and 23% reported getting fired, the study found. There’s also the fact that some parents, usually low-income parents, cannot afford to miss work and end up leaving their children with non-suitable relatives, like an older sibling or elderly grandparent. Kids in such situations may end up giving in to the temptations of peer pressure or even gang activity, at a high cost to their lives and adding millions to the costs of our legal system. To confront this crisis, some companies are allowing working parents to work different shifts, and some have begun to provide pre-tax dependent care spending accounts. But only a small percentage of employers are doing so. And unfortunately, while the tax savings from such accounts can help, they were capped at $5,000 in 2022, below the median cost of child care, according to the human resources association World at Work. Congress rejected a chance to help parents by refusing to extend the pandemic-era child tax credit in 2022. That program, which sent monthly checks of $300 per child under 6 and $250 per child over 6 to most families with children, led to a record decline in child poverty last year. Critics considered the monthly payments an expensive welfare scheme that would deter parents from working, but supporters cite evidence from the National Bureau of Economic Research that shows the payments lowered families’ financial hardship and benefitted children without reducing parental employment. The issues involved here haven’t gone away. In President Joe Biden’s State of the Union address earlier this month, he called on Republicans to join him in providing families with child care, paid leave, child tax credits and affordable housing. While these benefits have typically been championed by Democrats, a number of conservative members of Congress have begun to embrace the idea of new benefits for parents. Their reasons seem to vary, from wanting to make their party more family-friendly to the view that supporting families is a pragmatic way to prop up conservative values like marriage and family, as the New York Times has reported. Both parties are still deeply divided over whether benefits should be tied to work requirements. Whatever the reason, I’m supportive of the efforts of any politician from any party who wants to help families. It’s past time that politicians from both sides of the aisle come together to do so. Jeffery M. Leving^® is founder and president of the Law Offices of Jeffery M. Leving^® Ltd.

Remedies in Illinois family law when a parent has drug or alcohol addiction

2025-11-04T13:23:33Z

By Jeffery M. Leving^®: A parent’s chemical addiction can have negative – even dangerous – effects on their children. Tragically, addiction to prescription opioid painkillers or illegal opioids like heroin, alcohol, methamphetamine, cocaine, prescription drugs that boost mood like Valium, inhalants, sleeping pills or other substances is far too common in Illinois and across the country.

How might it be problematic for an addicted parent to supervise their child?

Addiction can prevent an otherwise good parent from keeping their kids safe as well as from creating a healthy home environment with routine and structure. In a more serious situation, the addicted parent may go through times when they are unaware of their actions, sleeping when they should be with their children, inviting people to their home involved in providing drugs or partying when the children are there, leaving children alone and engaging in various other dysfunctional behaviors. Of course, some people when under the influence become violent, angry or otherwise abusive. People of all backgrounds, genders and income levels may become addicted to chemical substances. Addiction has a genetic component and people with other mental health diagnoses (like depression, post-traumatic stress disorder, anxiety, psychosis or certain personality disorders) are at higher risk.

Illinois law provides protection for kids of addicted parents

State statutes governing parenting time – commonly known as custody and visitation – and the right to make parental decisions focus on the child’s best interests as the “guiding star.” Navigating the legal issues related to custody and parental decision-making when addiction is in the picture can happen in several situations: unmarried parents, divorcing couples, separating parents or divorced parents having trouble with their custody arrangements. In an initial custody proceeding, called allocation of parental responsibilities of decision-making and of parenting time, such as in divorce or between unmarried parents (where parentage has been established), the court must discern the children’s best interests by weighing anything relevant to the particular children, including certain factors in a statutory list. One of those relevant to addiction is the parents’ physical and mental health. However, if the court feels the addiction “seriously endanger[s] the child’s mental, moral, or physical health or that [it] significantly impair[s] the child’s emotional development,” the judge must enter orders to protect the child. Those orders might include denial or reduction of decision-making responsibility or parenting time, supervised visitation, a ban on certain people being present during parenting time, or any other court order that would keep the child safe. The law that provides for restricted parental responsibilities when a parent’s behavior seriously endangers the child includes possible court orders relevant to addiction. It could order the parent not to possess or consume a particular substance when they are with the child or for a set time period before parenting time begins. Or, the judge could order the addicted parent into treatment. Should an addiction arise or worsen after divorce or another proceeding that set parental responsibilities, Illinois law includes provisions for requesting the court modify the earlier order to protect the child. At any stage, the most extreme solution would be the termination of the addicted person’s parental rights, but that is difficult in Illinois if that parent wants to keep their rights. A lawyer can answer questions about parental rights as well as the other solutions we have discussed. The attorneys at my firm, The Law Offices of Jeffery M. Leving^®, Ltd. in Chicago, represent parents – primarily fathers – trying to restrict the custody and decision-making powers of the other parent based on addiction, as well as parents defending against false accusations of substance abuse, in Cook County, across Illinois, in the Midwest and nationally. Jeffery M. Leving^® is the founder and president of the The Law Offices of Jeffery M. Leving^®, Ltd., and is an advocate for the rights of fathers. He is the author of Fathers’ Rights, Divorce Wars and How to be a Good Divorced Dad, the latter of which was endorsed by President Obama and by Cardinal Francis E. George, then the archbishop of Chicago. To learn more about Leving and his latest court victories, follow him on Twitter and Facebook.

Divorce and work – what should you know?

2023-11-28T19:19:00Z

By Jeffery M. Leving^®: You and your soon-to-be-ex-spouse told your family and close friends about your divorce, and you discovered the most favorable way to break the news to your children. Have you thought about what you should say to your employer? Whom should you tell about your marital split, and how can you restructure your career to accommodate your life as a newly single person.

Let your boss know

One of the few people at the office with whom you may need to share the news of your divorce is your boss. You may have meetings with your legal representative to discuss maintenance, formerly known as alimony, or how to divide the marital home, which could require taking off early or other adjustments to your schedule. Because divorce often takes an emotional and psychological toll, your work performance may suffer in the coming days, weeks and months – but hopefully only for a short time. Letting your boss know about the recent change in your life may garner understanding and leeway, which may help you retain your position.

Think twice about drastic shifts

You may experience daily emotional and mental shifts because of your divorce, but hold back on making a sudden career change, unless it’s advisable. Now may not be the most opportune time to quit your job or move to a lower-paying position. You do not want to jeopardize your career or financial health.

Communicate with HR

Filing for divorce may mean changing how you file your taxes, tweaking your insurance policy and restructuring your retirement account. For all three, meet with one of your company’s human resources representatives to determine what paperwork you must complete and file – but first, talk to your lawyer. You and your ex-spouse may not mind keeping each other on your shared health insurance plans for a little while as you transition, but the two of you may need to have a frank conversation about that before long. Otherwise, ask your lawyer for recommendations on selecting the right plan that fits your new life as a single person.

Review your income

Maybe you relied on your spouse’s income for your financial health. If so, determine how to work for a promotion or go back to school to earn a degree or certificate to advance in your field. Even if your former spouse is ordered to pay maintenance or child support, you may not receive those payments indefinitely. Do you have a framework for navigating and surviving divorce? Speak with us to protect your position and income while finalizing your marital split. At The Law Offices of Jeffery M. Leving^®, Ltd., in Chicago, we represent spouses, ex-spouses, partners and ex-partners in complex matters involving divorce, children, custody and parenting time in Illinois and nationally.

Dividing business interests in a divorce

2024-01-30T07:26:08Z

By Jeffery M. Leving^®: The asset division determination portion of a divorce can have a negative impact on a business or professional practice. Business owners can take steps to reduce this risk. Ideally, the business owner would already address this possibility with a prenuptial agreement. If drafted wisely, these agreements can help to shelter business interests in a divorce. Absent a prenup, the first step generally involves determining whether the business interests are marital or nonmarital property. If the business began prior to the marriage, the business owner likely will argue that the business is nonmarital property and not eligible for division during divorce. Even if this is successful, the court may still rule that any growth that occurred during the marriage is a marital asset. As such, the divorce could still have a negative impact on the business. Business owners who find themselves navigating a divorce can benefit from an understanding of the process and their options:

Get an independent valuation

It is important to know what the business is worth to help guide negotiations during divorce. There are many ways to determine the value of a business, and each method can produce a different result. The most common approaches include the asset, market, and income methods. It is common for each spouse to hire their own valuation expert. This can result in two different valuations for the business. It is generally more efficient for the parties to negotiate an agreed-upon value instead of litigating this issue. Sometimes, a party to a divorce will attempt to hide assets. If this is happening, you’ll need a lawyer with experience discovering assets that divorce litigants have hidden. In my experience with high-asset divorces, I believe it’s essential for our clients that we discover all marital assets, so that the court is fully aware of the marital estate that’s being appraised, evaluated and divided. Real estate holdings are another asset class that do not always have an exact dollar value attached. Their worth, if unknown, will have to be determined for the purpose of negotiating or litigating the divorce.

Consider buying out your spouse’s interest

Once a valuation is agreed upon, it is common for one spouse to buy out the other spouse’s business interest. This can be done with an outright purchase. If the business owner does not have enough liquid assets to complete this purchase, they can consider support from an investor such as a private equity firm. Another option involves negotiating a trade. In exchange for full ownership of the business, the business owner could provide the spouse with the family home, another piece of real estate or some other asset that has similar value.

Selling the business

Business owners may decide to sell the business and start over with a fresh idea, take a different direction or simply retire to pursue other interests. If this is the case, both parties would likely split the proceeds from the sale during the divorce. Regardless of the desired outcome, it is wise to act strategically and timely to protect your interests. Legal counsel can review the situation and advocate for your interests throughout the divorce process. At The Law Offices of Jeffery M. Leving^®, Ltd., in Chicago, we represent spouses, ex-spouses, partners and ex-partners in complex matters involving divorce, children, custody and parenting time in Illinois and nationally.

Two ways COVID changed divorce

2023-11-28T19:15:48Z

By Jeffery M. Leving^®:

The coronavirus pandemic impacted every facet of our lives. We changed how we worked. We changed how we socialized. We changed how we parented and educated our children. With all these changes, it should come as no surprise that we changed how the legal system operated, particularly when it came to family law and divorce.

Divorce is likely to be a growing issue in the coming months. According to a recent report in Kiplinger, the rates of people looking to get a divorce increased dramatically once the courts started to open back up after lockdowns and stay-at-home orders. The jump was significant. My firm saw an increase in all manner of inquiries – divorce and non-marital conflict involving parents, children and finances – in spring 2020 compared to the same time period in 2019.

How has the pandemic changed divorce? The following will briefly discuss two of the biggest changes.

1. Lockdown led to reevaluation of marriage

Researchers with Bowling Green State University’s Center for Family and Demographic Research have analyzed marriage and divorce data from 2020. They report that the rate of both marriage and divorce in most states throughout the country dropped during the pandemic. This initial drop is likely the direct result of stay-at-home orders, closed wedding venues and courts operating only for emergencies.

This reasoning is supported by the fact that divorce attorneys reported an increase in contacts after divorce courts began to reopen. Although national statistics are not yet available, numbers reported by the New York Times were even more concerning than those completed by the Bowling Green researchers. The New York Times reports family law offices experienced an increase in contacts with questions about divorce by almost 50% compared to pre-pandemic numbers.

2. Increase in the use of alternative dispute resolution for divorce

Alternative dispute resolution (ADR) provides an alternate option to litigation for divorce. Although already common prior to the pandemic, those currently going through a divorce are using it at an increased rate. Why? In many cases, it was the only option. As noted above, courts were essentially closed for all but emergencies. Those who wanted a divorce could move forward, but generally only if they chose mediation, arbitration, or collaborative divorce — all forms of ADR.

What if I am considering divorce?

You can take steps to help ease the process. Whether the divorce is amicable or contentious, the following steps can help you prepare for the divorce process:

Focus on the kids. If children are present, start thinking about child custody, parenting time and support. If you are fighting for custody, it can help to be actively involved in the child’s life, support their physical, mental and emotional health and encourage a relationship with the other parent if it is safe to do so.
Get paperwork in order. Divorce is a legal process. As such, you will generally need to show the value of all marital assets. Getting this information organized before negotiations begin can help save time and frustration.

It is also important to delegate. You do not need to take on every step of the divorce on your own. A specialist can help with business and other high-stake assets, and an experienced and talented attorney can advocate for your interests.

Jeffery M. Leving^® is founder and president of The Law Offices of Jeffery M. Leving^®, Ltd., and is an advocate for the rights of fathers. He is the author of Fathers’ Rights, Divorce Wars and How to be a Good Divorced Dad, the latter of which was endorsed by President Obama and by Cardinal Francis E. George, then the archbishop of Chicago.

What if my spouse does not agree to a divorce?

2023-11-28T19:27:31Z

By Jeffery M. Leving^®: Divorce is never an easy process, but it becomes even more contentious if one spouse refuses to agree to the dissolution of the marriage. This is not uncommon. In fact, it is so common that the state of Illinois has developed a procedure for these specific types of situations.

How does the divorce process work in these situations?

The exact process can vary by state. In Illinois, it generally starts with one party filing a Petition for Dissolution of Marriage with the court. After you file the Petition with the court, you must correctly provide notice of the Petition to your spouse. There are specific protocols to properly have the Petition served upon your spouse. Alternatively, you may be able to serve your spouse by substitute service or by publication. Service must be proper, otherwise, the court could lack jurisdiction to dissolve the marriage. Your spouse then has the opportunity to file an appearance and a response, and/or to otherwise plead. It is important to make sure that the Petition filed with the court is accurate and meets all the court’s legal and procedural requirements so it is not defective. This step of the process provides an opportunity for the other spouse to present a defense. If there are any errors in the Petition, they could try to get it dismissed resulting in a hurdle you could have avoided by getting the Petition right in the first place. A defective Petition may need to be amended, likely requiring leave of court to amend the Petition so you can draft it correctly and file it again. Get it right the first time to avoid creating avoidable stress and provide additional time to the opposing party to develop legal strategies in opposition to your goals. As my father used to tell me, the devil is in the details. Next, both parties can either negotiate a divorce settlement to present to the court for approval and entry or, if you and your spouse cannot reach an agreement, mediation may be helpful. Negotiations do not need to be just between you and your soon-to-be ex-spouse. You can retain legal counsel to help guide the negotiations which is advisable. If negotiations and mediation fail, litigate strategically with careful preparation focused on attaining success in the courtroom, and the court will decide. Make sure you are 100% prepared for court and you have a sound legal strategy. It is important to note that in highly contested matters where the stakes are high, competent legal representation can be the difference between success or failure.

So I can still get divorced?

It is often possible to move forward even if your spouse does not want a divorce. You could pursue a divorce by default judgment if, for example, your spouse does not want a divorce and attempts to thwart the process by failing to file an appearance in the case after being provided proper notice. Obtaining a divorce by default judgment can be complicated and risky but can succeed with strategic planning and managing timelines. Success in this process can possibly save you time, expense and stress. However, do not mistakenly provide the opposing party the opportunity to file an appearance and respond long after they missed the deadline to do so, as this could impair your ability to obtain a default judgment in certain circumstances. That is why it is critical to manage the process so the opposing party is provided notice correctly. After the divorce by default judgment is secured from the court, it is important it was obtained correctly so that the court does not later set it aside and everything you fought so hard for is lost. The default judgment needs to be obtained according to the very specific laws of the state or the opposing party may prevail on their claim that they did not receive proper notice of the dissolution proceedings, and you may be required to start the divorce process over and litigate the divorce you thought was over and done. Consulting with a highly experienced family law attorney before attempting to obtain a divorce by default judgment can help to minimize the risk of failure or the default judgment being granted but set aside later by the court.

Will this impact children if they are present?

I cannot overstate the importance of quality time we spend with our children. This is important to me, and this is why I co-authored the first real joint custody law in Illinois. Additionally, Illinois state law previously referred to designated time with children after a divorce as visitation. State law now refers to this time as parenting time. Illinois state law requires that the parents file a parenting plan before a divorce is finalized. This plan should include provisions for parenting time and decision-making for the children, especially decisions about their schooling and medical care. The court looks at the best interest of the child when reviewing these plans. If the parents cannot decide on a parenting plan, the court may appoint a guardian ad litem or attorney to represent the interests of the child and develop its own plan. One factor the court often considers when looking at the best interest of the child or children is the cooperation of the parties. Evidence of the other party’s failure to support the best interests of the child could work in your favor in the court’s determination to safeguard the children.

What if the other parent does not comply with the court’s decision?

If the other parent continues to create dissension by violating court orders even after the divorce is settled, you can ask the court to step in. At this point, the court may hold the other parent in contempt of court until they are in compliance with court orders. The court can issue sanctions as serious as jail time. Jeffery M. Leving^® is the founder and president of The Law Offices of Jeffery M. Leving^®, Ltd., and co-authored the first real Illinois joint custody law and other laws. In addition to How to be a Good Divorced Dad, he is the author of Fathers’ Rights and Divorce Wars. To learn more about Jeffery M. Leving^® and his latest court victories, follow him on Twitter and Facebook, and view his videos on YouTube.

Father involvement has profound, positive impact on child well-being

2026-02-16T06:23:50Z

Article provided by Jeffery M. Leving^®: Father-child relationships are magical. A father-child bond forged from years of caring, playing, teaching, learning, talking, setting boundaries and supporting enhances almost every aspect of the child’s life. These relationships can be challenging, but they are irreplaceable. The evidence is overwhelming that an involved father can make all the difference in creating a positive trajectory for his child’s happiness, health and stability.

The importance of a father’s engagement with his child

Fathers play an extremely important role in their children’s lives, even when the father and child do not live together or only have limited contact. According to the Early Childhood Learning & Knowledge Center (ECLKC) and the Office of Head Start, both part of the Administration for Children & Families within U.S. Department of Health and Human Services (HHS), the research is overwhelmingly supportive of the conclusion that “having a loving and nurturing father was as important for a child’s happiness, well-being, and social and academic success as having a loving and nurturing mother.” The ECLKC-Head Start article summarizes the collective conclusions of dozens of researchers. Specific aspects of a child’s health and wellness enhanced by a loving, consistent relationship with their father include:

Stronger cognitive and verbal skills
Enhanced self-motivation
More classroom engagement and cooperation
Greater ability to focus
More confidence
Better self-control
Enhanced qualities such as patience, honesty, kindness, compassion, empathy
Good social and life skills
Lower frequency of depression and more happiness
Exhibition of morally positive behaviors
Higher math skills

Even infants and toddlers are positively impacted when their dads are present. They are more curious and secure in themselves. In the challenging teen and young adult years, these children are more likely to go to college and are 80% less likely to experience incarceration, along with lower rates of depression, teen parenthood and criminal behavior. As I summarize in my book “Fathers’ Rights,” the risks of dangerous or extreme behaviors rise sharply among kids with absent fathers, including the commission of violent crimes like murder and rape as well as suicide. Daughters raised by single parents are seriously more likely to experience pregnancy outside marriage, teen marriage and divorce.

Regular, meaningful father-child contact even lessens poverty

U.S. Census Bureau data in 2021 showed that almost one-quarter of American minor children live without fathers at home. Shockingly, these kids are at four times greater risk of poverty, according to 2011 Census reporting. Of course, fathers can provide financial support for their children, but even when poverty persists, the engagement of a father reduces the consequences of poverty and stress in a child. Kids experiencing poverty but whose fathers are directly involved in their lives show less severe behavioral, developmental and social challenges associated with poverty. In fact, as I explain in “Fathers’ Rights,” even when a father cannot provide much or any financial support to his child, the kinds of support without price tags are arguably even more critical to a child’s academic, developmental and social successes. The importance to children of certain paternal traits that require fathers’ presence and contact trump even monetary support, namely “availability, approachability, communicativeness, and involvement …”

Fathers should feel empowered to grow their relationships with their children no matter their relationship status with the other parent

It is no longer acceptable in Illinois to assume that the mother’s love and nurturing is more important than that of the father. As ECLKC points out, mothers and fathers tend to parent, communicate, love, interact and play differently. Without an involved father, the child misses out on learning from his unique style and approach to life. Involvement of both mothers and fathers is important for a child to learn from their different strengths. Under Illinois law, when a court makes decisions about parenting time or parental decision-making, the judge may not consider the gender of a parent. The historical presumption that a court should favor the mother because of her gender or because of sex-based parenting roles is no longer to be considered by the courts. Yet, it may not always be the case that this plays out in court as it is supposed to, and an attorney can advocate against this on behalf of a father. Any Illinois father of a minor child facing paternity proceedings, legal separation, divorce or dissolution of a civil union, or who is unmarried but seeking custody and visitation rights, should go into negotiation or trial armed with the knowledge that they have the legal right to seek access to their child to maintain a healthy, regular relationship. The evidence is incontrovertible that a father’s active involvement with his children enhances their lives in a myriad of ways and that a healthy relationship with dad is almost always in the child’s best interest. Jeffery M. Leving^® is founder and president of The Law Offices of Jeffery M. Leving^®, Ltd., and co-authored the first real Illinois joint custody law and other laws. In addition to “How to Be a Good Divorced Dad,” he is the author of “Fathers’ Rights” and “Divorce Wars.” To learn more about Jeffery M. Leving^® and his latest court victories, follow him on Twitter and Facebook, and view his videos on YouTube.

How can fathers best secure equal custody time?

2023-11-28T19:28:27Z

Article provided by Jeffery M. Leving^®: 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 Leving can review your case and help build a plan that better ensures your rights are protected during the divorce process.