What Are the Rights and Responsibilities of Unmarried Parents Under Illinois Law?

 Posted on October 29, 2024 in Child Custody

Illinois allocation of parental responsibilities hinges on the best interests of the child standard. The judge will always make decisions based on the best interests of the child, regardless of what the parents want. Parents who want a specific outcome in a hearing regarding parental responsibilities, parenting time, child support, or any other issue must show the judge that what he or she wants is in the best interests of the child.

Unmarried parents, like married parents, have certain obligations owed to their children, regardless of their marital status. There are specific laws in Illinois that govern parental responsibilities laws for unmarried parents. If you have questions regarding the determination of parental responsibilities, child, support, parenting time, parenting plans, or any other issues, it can be helpful to speak to an experienced Rolling Meadows, IL parental responsibilities lawyer from the Law Offices of Donald J. Cosley.

How is Custody Determined if the Parents Were Never Married?

For parents who are not married at the time of the birth – and were never married – the mother has the right to make all decisions regarding the child until paternity is established. The mother has sole physical custody, is the primary residential parent, and has the right to decide issues like healthcare decisions, education, and religion. A father who wants parenting time or to share in the ability to make decisions regarding the child’s upbringing must petition the court or establish paternity before that can happen.

Paternity can be established through a Voluntary Acknowledgement of Paternity, which is signed by both parents at the hospital when the child is born. If both parents sign the form, then the father is acknowledged and will then be able to ask the court for parenting time and to be partially responsible for the child’s financial support.

After a child’s birth, the father or the mother can request DNA testing that will positively determine whether a man is the biological father of the child. In the same way as a Voluntary Acknowledgement of Paternity, once paternity is established, the father can ask the court for parenting time and becomes financially responsible for the child’s support.

When determining the allocation of parental responsibilities, a judge will consider the same factors he or she would look at for a child whose parents are married. The best interests of the child always take precedence when determining the allocation of parental responsibilities and parenting time. The factors considered by the judge include:

• What each parent wants

• What the child wants if he or she is old enough or mature enough

• The mental and physical health of both parents

• Whether there were any prior arrangements made by the parents for the child

• How well the child has adjusted to his or her home, school, and community

• Any special needs of the child

• The physical distance between the parents

• The ability of the parents to cooperate with one another and follow a parenting plan

• Whether there is any threat of physical violence from either parent

How is Child Support Determined for Unmarried Parents?

Once paternity is established, child support is determined in the same way as it would be for married parents. The income shares model is used, which determines child support by combining the income of both parents, taking into consideration the number of children supported, healthcare and educational expenses, parenting time, and any special needs of the child. The goal is to distribute the financial responsibility for the child proportionately between the parents, based on their incomes.

Contact an Arlington Heights, IL Child Custody Attorney

The determination of parenting time and the calculation of child support involves many variables. It is important to have a highly skilled Rolling Meadows, IL divorce lawyer by your side to ensure the process goes smoothly and is equitable for all those involved. Attorney Don Cosley personally handles all aspects of his cases. When you call with questions about your case, you will speak directly to him. Contact the Law Offices of Donald J. Cosley at 847-253-3100 to schedule your free consultation.