How Family Law Has Changed Over the Years

 Posted on January 11, 2024 in Family Law

Family law has come a long way in the last 50 years. While the law has changed substantially, its depiction in media has not quite caught up. Gone are the days when mothers going through a divorce could automatically expect to receive full custody of their young children. Fathers and mothers are treated equally under the law now. The terminology the state of Illinois uses to describe family law concepts has also changed significantly over the years. For example, the nongendered term “parentage” has largely replaced the term “paternity,” as children can now be born with two mothers or two fathers. When you are going through any type of family law proceeding, it is important to be represented by a qualified Rolling Meadows, IL, family law attorney who is experienced in this ever-changing field

Child Custody Is Different

Instead of “physical custody,” Illinois now uses the term “parenting time.” Also gone is the term “visitation.” Both the parent who has the child with them more often and the parent who sees the child more infrequently have “parenting time.” This is because the term visitation implies that a parent is a visitor to their children rather than a parent. “Legal custody,” - the right to make decisions for your child - is now called “parental responsibility.” 

Gender bias in child custody decisions has been addressed. Mothers are no longer automatically favored, but rather, the court conducts an assessment to decide what arrangement is best for the child

Alimony Is Less Likely

In the days when fewer women, especially mothers, worked for pay and generally had less economic opportunity, alimony made quite a bit of sense. Women who were financially reliant on their husbands often needed support to avoid abject poverty. Now that more women have careers, alimony has become far less common

Parentage Has Changed Due to the LGBT+ Rights Movement

Parentage is far more complicated than it used to be. In the past, every child was born with a mother and a father. Now, a woman who is married to a woman may have a child, and that child is born with two legal mothers. Gay men who become parents through surrogacy can have a child in common. The only time the term “paternity” is still used is when a birth mother is seeking to identify her child’s natural father or when a natural father is seeking to prove that a child is his

Contact a Cook County, IL, Family Law Attorney

Law Offices of Donald J. Cosley prides itself on being aware of every change to Illinois family law so that we can provide our clients with the best representation possible. Our dedicated Rolling Meadows, IL, family law lawyers will do all we can to secure a favorable outcome in your case. Contact us at 847-253-3100 for a complimentary consultation