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.
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.
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.
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.
We assist individuals and families in Cook, Lake, and DuPage counties in Illinois.
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