Do Unmarried Fathers Have Parental Rights in Illinois?

Children generally do better when they have both parents playing an active and engaged role in their lives. In the case of divorce, parenting time arrangements are included in legal proceedings. Unfortunately, when the parents are unmarried, asserting the father’s rights in Illinois can prove far more challenging. Our child custody lawyers in Chicago act as strong legal advocates on your behalf in this situation and explain what you need to know about the process.

Proving Paternity In Illinois

In cases where a married couple has children, the father’s name is automatically added to the child’s birth certificate. This protects the father’s rights in the event of a divorce. Based on all of the various factors involved, they may then be entitled to physical custody, visitation, and legal custody, which is the right to make important decisions on the child’s behalf.

For unmarried parents, proving paternity is generally the first step in protecting the father’s rights. The Illinois Department of Public Health advises that there are two general options available:

  • Voluntary Acknowledgment of Paternity: As the name implies, this is where both you and the mother of the child voluntarily acknowledge that you are the father of the child. This can be done immediately at the hospital or at a later date. If done later, you and the mother will both need to sign a Voluntary Acknowledgement form and file it through the local family court and other state agencies. Keep in mind that you should not sign this form if you have doubts that you are the father.
  • Court Order of Paternity: If either party is unwilling or unable to sign the voluntary acknowledgment, a court order will be needed. This requires paternity testing, generally conducted through a cheek swab that detects DNA and compares it between the child, the mother, and the father involved.

Defending Father’s Rights In Chicago

Once paternity is established either through a voluntary acknowledgment or a court order, the father’s rights are protected under the Illinois Statutes. This means that the father has the right to Petition to Court to be included in child time-sharing arrangements and to participate in creating a parenting plan, which details the following:

  • The amount of time the child spends in each parent’s home
  • Plans for holidays, birthdays, and other special occasions
  • Extended visits during school breaks or to allow for vacations
  • Pick up and drop off arrangements
  • Legal rights in making decisions on the child’s behalf
  • Provisions for resolving any disputes that arise between the parents

It is important to note that in addition to protecting fathers’ rights in Illinois, establishing paternity also means assuming certain responsibilities. This includes the obligation to make child support payments if warranted. The court will consider numerous factors in determining who owes child support, an amount fair to both parties, including their current income, earning potential, and any other children they have.

Frequently Asked Questions About Parental Rights of Unmarried Fathers in Illinois

Do unmarried fathers have automatic parental rights in Illinois?

No, unmarried fathers in Illinois do not automatically receive parental rights when a child is born. In these situations, the law grants the mother exclusive legal and physical custody of the child until paternity is formally established. To gain rights, the father must proactively navigate the legal system by initiating paternity proceedings.

How can an unmarried father establish paternity?

In Illinois, there are three primary methods for establishing paternity:

Voluntary Acknowledgment of Paternity (VAP) – This is a straightforward process where both parents sign a legal form, either at the hospital at the time of the child’s birth or at a later date. Once signed, this form becomes legally binding after a period of 60 days, confirming the father’s paternity. –

Administrative Paternity Order – If the father wants to establish paternity without the mother’s acknowledgment, he can request an Administrative Paternity Order from the Illinois Department of Healthcare and Family Services (HFS), which requires genetic testing to confirm the biological relationship.

Judicial Paternity Order – In the event that paternity cannot be established through voluntary or administrative means, the father may file a paternity lawsuit in court. Following DNA testing, if the court finds in his favor, it will issue a judicial paternity order that grants him legal recognition as the child’s father. Establishing paternity is a critical step in ensuring that the father can exercise parental rights and responsibilities.

What rights does a father gain after establishing paternity?

Once a father’s paternity is legally recognized, he may petition the court for several important rights regarding his child, which include:

Allocation of Parental Responsibilities – This refers to the decision-making authority concerning significant aspects of the child’s upbringing, including education, healthcare, religious upbringing, and extracurricular activities.

Parenting Time – Previously known as visitation, this outlines the schedule and arrangements for the father to spend time with his child.

Access to Information – The father gains the legal right to access his child’s school and medical records, allowing for active involvement in his child’s life.

Participation in the Child’s Upbringing – This encompasses the father’s right to actively engage in raising his child and making decisions that affect their welfare. However, it’s essential to note that these rights are not automatically conferred; they must be formally requested and granted by a court, which will evaluate what is in the best interests of the child.

Can an unmarried father get joint custody?

In Illinois, the terminology has shifted away from “custody.” Instead, the courts focus on allocating:

Significant Decision-Making Responsibilities – This includes authority over major decisions affecting the child’s life, such as schooling, healthcare, and religious practices.

Parenting Time Schedules – This pertains to the detailed plans regarding how much time each parent will spend with the child. If an unmarried father can demonstrate a consistent level of involvement in the child’s life, a stable home environment, and a genuine commitment to the child’s well-being, he may be granted joint decision-making responsibilities and substantial parenting time.

What factors does the court consider when allocating parental responsibilities?

The court’s paramount concern is the best interests of the child. To determine this, several critical factors are taken into account, such as:

The Child’s Relationship with Each Parent – How strong is the emotional bond between the child and each parent?

Each Parent’s Ability to Provide a Stable Environment – This includes considerations of housing, safety, and emotional support.

Willingness to Foster Relationships – Each parent’s readiness to support the child’s relationship with the other parent is crucial.

History of Abuse, Neglect, or Substance Use – Any history that may affect the child’s safety and well-being will be thoroughly investigated.

Child’s Wishes – Depending on the child’s age and maturity level, their preferences may be taken into account. Ultimately, parental rights are determined by the child’s needs and circumstances rather than the gender or marital status of the parents.

Can a mother deny visitation if the father hasn’t paid child support?

No, a mother cannot legally deny an unmarried father court-ordered visitation rights due to unpaid child support. Visitation and child support are treated as separate legal matters. If child support is owed, enforcement should be managed through the Illinois Department of Healthcare and Family Services or through the court system, rather than by obstructing access to the child.

What if the mother refuses to sign the Voluntary Acknowledgment of Paternity?

If the mother is unwilling to sign the Voluntary Acknowledgment of Paternity, the father still has legal options. He can file a petition in court to establish paternity, at which point the court may order DNA testing to confirm the biological relationship. If paternity is established, a judicial paternity order will be issued, enabling the father to pursue parental responsibilities.

Can an unmarried father be required to pay child support?

Yes, once paternity is established, the father is legally obligated to provide financial support for his child. Illinois employs the Income Shares Model to calculate child support, which considers both parents’ incomes and the allocation of parenting time. This support may cover a variety of expenses, including medical costs, daycare, and extracurricular activities, ensuring the child’s needs are met.

Contact Our Child Custody Lawyer In Chicago Today

At Gordon & Perlut, LLC., we provide the trusted legal guidance clients need when dealing with issues pertaining to paternity and fathers’ rights in Illinois. To discuss your case, call Gordon & Perlut, LLC. at 312-360-0250 to meet with our child custody attorneys in Chicago for a free consultation.