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Custody Without Marriage

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Custody Without Marriage

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Custody Without Marriage

Custody Attorney for Unmarried Parents in Illinois

Helping Clients Pursue Custody Rights

Understanding the legalities around parental rights and responsibilities can feel overwhelming, especially for unmarried parents. In Illinois, the law provides a clear path for establishing custody, parenting time, and support, but it begins with one crucial step: legally establishing parentage. Without this legal foundation, a parent has no enforceable rights to parental decision-making authority or parenting time. At Reifman Law Offices, we are dedicated to providing compassionate guidance to those facing concerns about parentage and custody without marriage, helping you understand your rights and secure a stable future for your child.

The First Step: Establishing Legal Parentage

For married couples, the law automatically presumes the husband to be the legal father of a child born during the marriage, and both parents retain custodial rights. For unmarried parents, this is not the case. The legal relationship between a father and his child must be formally established before any custody or support matters can be addressed.

Parentage can be established in Illinois in several ways, including a Voluntary Acknowledgment of Paternity signed by both parents, an administrative order signed by the Illinois Department of Healthcare and Family Services, or a judicial order of paternity. Once parentage is established, both parents will have the same rights and responsibilities as if they were married. This opens the door to creating a formal, court-ordered parenting plan.

Pursuing Custody and Parenting Time as an Unmarried Parent

After establishing parentage, either parent can then petition the court for the allocation of parental responsibilities, which will include both decision-making authority and parenting time. The court’s primary focus in these determinations is always the best interests of the child.

It is a common misconception that mothers are automatically favored in custody decisions. Illinois law is gender-neutral and focuses solely on determining the arrangement that will best support the child’s well-being. A father who has legally established parentage has equal rights as the mother to seek parental decision-making authority and significant parenting time.

Legal Challenges for Unmarried Parents

For unmarried parents, the process of securing parental rights can be challenging. You may face challenges related to proving parentage, negotiating a fair parenting plan, or enforcing your rights if the other parent is uncooperative. An experienced family law attorney can help provide the legal clarity and support needed to navigate these issues effectively. We can help you understand your options, protect your parental rights, and create legally sound arrangements that prioritize your child’s happiness and stability.

Contact a Compassionate Schaumburg Custody Attorney

If you are an unmarried parent seeking to establish your custody rights, you do not have to face this journey alone. Our attorney at Reifman Law Offices is dedicated to helping families find resolutions that protect their children and honor their parental rights. Contact us today or call 847-229-8433 for the guidance and empathetic support you need to move forward with confidence. We serve clients in Schaumburg, Arlington Heights, Rolling Meadows, West Dundee, Barrington, Palatine, Hoffman Estates, Streamwood, and the surrounding communities.

At Reifman Law Offices,

we will take the weight of dealing with family legal issues off of your shoulders.
Call Us 847-229-8433

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Arkady Reifman

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