Oak Brook Child Custody Attorney for Unmarried Parents

The legal landscape of parenting can be confusing and stressful for unmarried parents. Questions about rights, responsibilities, and the child’s future can feel overwhelming for both mothers and fathers alike. However, Illinois law does provide avenues for establishing these rights and responsibilities. Goodman Law Firm offers legal assistance to help you approach this journey with confidence and pursue the best possible future for your child.

Custody Rights Before Paternity is Established

Under Illinois law, when a child is born to parents who are not married, the mother is presumed to have sole custody. This means she has the full authority to make all decisions for the child, from education and religion to day-to-day care. Until paternity is legally established, a father has no enforceable rights to parenting time or decision-making responsibilities, regardless of his involvement in the child’s life. This legal starting point underscores the importance of formally establishing paternity to protect or enforce the rights of both parents and the well-being of the child.

Establishing Paternity: The Key to Fathers’ Parental Rights

Establishing paternity legally identifies a child’s father. It is the necessary first step for unmarried parents before any orders for child support or parenting time can be put in place. In Illinois, there are a few main ways to accomplish this:

• Voluntary Acknowledgment of Paternity: Both parents can sign this acknowledgment, often at the hospital shortly after the child’s birth. Once signed and filed, it has the full force of a court order and legally establishes the father-child relationship.
• Court Order: Either parent can file a petition to establish parentage. If there is a dispute about who the father is, the court can order DNA testing to resolve the issue. A DNA test provides scientific certainty and allows the court to issue a formal order of paternity.

Once paternity is established, the father gains legal rights and responsibilities for his child, including the obligation to provide financial support and the right to seek parenting time and a say in significant decisions.

Petitioning for Custody and Parenting Time

After paternity is legally confirmed, either parent can petition the court to allocate parental responsibilities and create a parenting time schedule. Illinois courts no longer use the term “custody” in the traditional sense. Instead, they focus on:

• Allocation of Decision-Making Responsibilities: This determines which parent has the authority to make major decisions in regards to the child’s education, healthcare, religion, and extracurricular activities. This can be allocated to one parent or shared jointly.
• Parenting Time: This is the schedule that outlines when the child will be in each parent’s care.

The court’s primary consideration in all these matters is the “best interest of the child.” A judge will review numerous factors to create a plan that fosters the child’s health, stability, and emotional well-being.

Contact a Compassionate Oak Brook Child Custody Attorney Today

At Goodman Law Firm, we have guided numerous parents through difficult child custody circumstances, including establishing paternity and securing parental rights. We understand what is at stake, and we combine our legal understanding with a compassionate approach to protect your family’s future.

If now is the time to establish your custody rights, we are here to help you through the process to create a stable future for your child. Contact Goodman Law Firm to schedule a confidential consultation and receive the legal guidance your situation deserves.