Gender as a Factor in Chicago Child Custody Cases: Are Mothers Favored Over Fathers? We Bust the Myths Here

We hear it all the time as Chicago child custody lawyers: even in 2025, many parents in Chicago still believe that mothers are automatically favored over fathers in child custody disputes. This notion has been around for decades and often causes confusion, fear, and frustration for parents who are beginning the divorce or custody process. However, while these myths continue to circulate throughout Chicago, the truth is that Illinois child custody laws are not gender-based. Indeed, child custody decisions issued by Chicago judges are based on what the court believes is truly best for the child, not on outdated stereotypes about which parent is the “natural caregiver” or other gender-based tropes and stereotypes.

How Child Custody is Actually Determined Under Illinois Child Custody Laws

At the outset, Chicago parents should know that Illinois child custody laws no longer use the term “custody.” Instead, the law now refers to “allocation of parental responsibilities and parenting time.” According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5 and 750 ILCS 5/602.7), Chicago judges must base all decisions on the “best interests of the child.” These statutes outline specific factors the court must consider, none of which include gender. For example, some of the factors Chicago court looks at when determining child custody include the child’s needs, the child’s relationship with each parent, each parent’s ability to care for the child, any history of violence or abuse, and the mental and physical health of everyone involved. In other words, the focus in a child custody case in Chicago is not about gender, it is entirely on parenting ability, safety, and stability.

In many cases, both parents share responsibilities, meaning parenting time and decision-making may be divided between a mother and a father of a child. In other cases, one parent may take on a larger share based on the child’s needs or safety concerns. However, the important thing to keep in mind is that the decision is always tied to the statutory factors, not outdated  assumptions about gender roles.

How to get legal help with your child custody case in Chicago

For many (if not most) Chicago parents, navigating a child custody case can feel overwhelming, especially when myths and fears get in the way. A Chicago child custody lawyer can help a Chicago parent understand how Illinois law applies to their specific situation and what factors the court will truly consider. An experienced Chicago child custody lawyer can explain what evidence you may need, how to present your involvement in your child’s life, and what to expect during mediation or court proceedings. An experienced Chicago child custody lawyer can also help a parent negotiate a parenting plan that protects their relationship with their child, whether that means shared responsibilities or a specific parenting-time schedule. If negotiations are not successful, your Chicago child custody lawyer can represent you in court and ensure that the judge hears a clear, accurate picture of your role as a parent.

Finding an Experienced Child Custody Lawyer in Chicago

If you are facing a child custody issue in Chicago, do not rely on outdated myths. The best step is to speak with an experienced Chicago child custody lawyer about your specific case. The experienced Chicago child custody lawyers at the law firm Arnoux Sharma Standeford, LLC are here to help Chicago parents with their tough child custody issues. Contact Arnoux Sharma Standeford, LLC today and speak with a lawyer about your case now.