Illinois Child Custody Laws for Unmarried Parents

Under Illinois law, a mother has sole custody of a child until the child’s father establishes paternity. For unmarried parents, child custody laws in Illinois provide mothers with the right to make all decisions regarding their child’s upbringing, as well as sole physical custody until the father establishes paternity.

If an unmarried Illinois father desires custody or visitation, they will have to establish paternity. There are three ways an unmarried father in Illinois can establish their paternity, including:

• Being married to the mother at conception
• Being named on the child’s birth certificate and signing a statement providing that the mother gave permission
• Filing a paternity action in court and using DNA to establish paternity

The State of Illinois also maintains an Illinois putative father registry. This allows unmarried fathers to receive a notification if the mother of the child pursues adoption or any other legal matters involving the child.

Once a father establishes paternity, any disputes that arise involving child support or child custody are handled by a court as though the parents were married. Most courts prefer custody arrangements that preserve the child’s relationship with both of their parents, even if this goes against the preferences of the mother.

When courts make decisions involving children, they use the child’s best interest standard. This standard provides that courts should make decisions related to children based on what is in their best interests and not what is preferred by their parents.

Courts can provide custody orders that define each parent’s responsibilities, including who will make certain decisions about the child. Courts in Illinois typically prefer joint legal and physical custody for the parents.

Regular and continued contact with both of the parents is what is assumed to be best for children unless there is a specific reason or evidence showing that one of the parents is not able to properly care for the child.

In these types of situations, joint custody may not be an option. When this occurs, one of the parents will have the majority of the rights over the child, referred to as the custodial parent.

A custodial parent will be responsible for handling day-to-day issues related to the child, which includes the child’s:

• Place of residence
• Healthcare
• Religion
• Education
• Other issues determined by the primary caretaker of a child

The parent who is not the custodial parent will be called the noncustodial parent. Noncustodial parents are usually awarded visitation rights. They may also have to pay child support to the custodial parent.

Can an Unmarried Father Take a Child from the Mother?

The rights that an unmarried biological father in Illinois will have will depend on their legal classification as a father, which may include:

• Unmarried father: The father was not married to the biological mother at the time the child was born
• Presumed father: A presumed father may be based on certain facts, such as:
  • The child was born during or shortly after a divorce of the presumed parents, and the husband of that marriage will be presumed to be the child’s father
  • The father voluntarily acknowledged paternity
  • The father openly treated the child as though it were his
• Putative father: When paternity has not been legally established

Once an unmarried father establishes paternity, they will then have the legal obligations related to caring for their child, including paying child support. If any questions arise about an individual’s parental status in Illinois, it is important to consult with a local attorney in Illinois for a legal consultation.

What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?

If a custody battle arises between parents who are not married, child custody laws for unmarried parents will apply. If custody issues do arise, a parent should consult with a lawyer in Illinois to find out exactly what laws will apply to their case.

As previously discussed, Illinois courts usually prefer joint custody arrangements whenever they are possible. When it is not possible, one of the parents will be named a custodial parent, and the other will be the noncustodial parent.

As noted above when courts are making child custody decisions, such as those related to custody or visitation issues or approving a custody agreement, they will use the child’s best interests standard.

Any type of custody or visitation issue may arise. In that case, both of the parents of the child should have their own legal representation to ensure that their rights are protected and that they can be advised on how the court will likely handle their issue. Attorneys can also help the parents agree on and draft their own unique custody agreement for approval by a court, which will allow them to have the schedule that best fits their needs.

By having lawyers, both of the parents can make sure that they are completely aware of any possible consequences of the choices they make as well as the steps that they take during their custody case. Additionally, lawyers can help make sure the parent’s rights are protected while also balancing the child’s best interests and coming to a resolution that is satisfactory for all parties.

What Are Some Other Issues That Unmarried Parents May Experience?

There are several other issues that unmarried parents may experience related to their children, such as:

• Tax issues
• Child support issues
• Jurisdiction issues
• Step-parent issues

If the parents of the child are unmarried, only one of the child’s parents can claim them on their taxes every year. This issue is often addressed in the custody order that is given by the court or is addressed in the parent’s custody agreement.

Another important issue that may also become controversial in custody cases is child support. A custodial parent is entitled to receive monetary support, typically in the form of monthly payments, from a noncustodial parent in order to help with the upbringing and care of the child.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is the Act that governs jurisdictional issues in cases of child custody. The Act states that the child’s home state will be the court that handles any issues related to their custody.

In some situations, the acting parent may actually be the child’s step-parent and not the child’s legal parent. This means that they may not be able to make certain types of decisions for the child because their legal parent would have the right to do that.

If it is possible for the step-parent to adopt the child, it would be easier for them because they can act as their legal parent. It is important to be aware that, if a step-parent adopts a child, the parent who was paying child support will no longer have to make payments.

Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?

If you or your child is an Illinois resident who has an issue, question, or concern related to child custody, you should consult with an Illinois child custody lawyer as soon as you can. The best interests of a child are always placed above everything else in a custody case, including your personal preferences.

LegalMatch can help you find a lawyer who is ready to begin helping you with your Illinois custody issue as soon as possible. By submitting your case online for free, you will have access to a database of pre-screened lawyers in your area who will respond in about 24 hours if they are able to help you with your issue.

Having a lawyer help with your custody issue can make the process much less stressful and efficient, which is important when the stakes are so high.