THE RIGHTS OF UNMARRIED PARENTS IN ILLINOIS

In Illinois, the legal landscape for unmarried parents differs significantly from that of married couples, particularly regarding parental rights and responsibilities. Understanding these distinctions is crucial for unmarried parents navigating custody, visitation, and child support issues.

Establishing Paternity

For unmarried fathers, establishing paternity is the first crucial step in securing parental rights. Without legal paternity, a father has no enforceable rights to custody or visitation. Illinois law provides several methods for establishing paternity:

1. Voluntary Acknowledgment of Paternity (VAP): Both parents can sign a VAP form, typically at the hospital when the child is born. This form must be filed with the Illinois Department of Healthcare and Family Services to be legally binding.
2. Administrative or Judicial Order: If there is any dispute or if the VAP is not signed, paternity can be established through an administrative order by the Illinois Department of Healthcare and Family Services or a court order following genetic testing.

Once paternity is established, the father gains the rights and responsibilities of a parent, including the right to seek custody and visitation, and the obligation to provide child support.

Custody and Visitation

In Illinois, the terms “custody” and “visitation” have been replaced with “allocation of parental responsibilities” and “parenting time.”

Allocation of Parental Responsibilities: This refers to decision- making authority over major aspects of the child’s life, including education, health care, religion, and extracurricular activities. The court determines these responsibilities based on the child’s best interests, considering factors such as:

• Each parent’s wishes and the child’s needs.
• The child’s relationship with each parent and any siblings.
• The child’s adjustment to home, school, and community.
• The mental and physical health of all parties involved.
• Any history of violence or abuse.

Parenting Time: This involves the schedule of when the child spends time with each parent. Illinois courts encourage both parents to be involved in their child’s life, aiming for arrangements that serve the child’s best interests. Factors influencing parenting time include the parents’ availability, the child’s routine, and the parents’ ability to cooperate.

Rights and Responsibilities of Unmarried Mothers
Under Illinois law, an unmarried mother automatically has sole physical and legal custody of the child at birth. This means she has the exclusive right to make decisions regarding the child’s welfare until paternity is established and a court order is issued regarding custody and visitation. However, once paternity is established, unmarried mothers are subject to the same legal standards as a married parent.

Child Support Obligations
Both parents, regardless of marital status, are responsible for supporting their child financially. Illinois uses an “income shares” model to calculate child support, which considers the income of both parents. The goal is to ensure the child receives the same proportion of parental income they would have if the parents lived together.

The court can also allocate additional expenses, such as health care, education, and extracurricular activities, between the parents, proportionally to their income before child support. Child support orders are enforceable through the courts and often paid through the State Disbursement Unit through direct deduction from the parent’s paycheck to ensure compliance and regular payments.

Legal Assistance and Advocacy
Navigating the complexities of parental rights and responsibilities can be challenging for unmarried parents. Legal assistance is often essential to ensure that rights are protected, and responsibilities are clearly defined. Strategic Divorce can protect unmarried parents with paternity actions, custody disputes, and child support issues, providing representation and guidance throughout the legal process.

Michone Riewer is an attorney with Strategic Divorce in Lake Bluff, 847-234-4445, strategicdivorce.com.