Based on the Illinois custody laws for unmarried parents, single mothers usually have full legal and physical custody over their children. If the mother was not married at the time the child was born, they will be deemed the custodial parent and receive all of the legal rights that come with that designation.
This applies specifically to cases when the child’s father is not listed on their birth certificate, and the father did not attempt to claim any rights over their child at the time it was born. When the father never establishes paternity, the mother will have the sole claim to their child.
A custody issue will typically only come up when a biological father petitions a court for rights related to their child, whether that may be joint custody, sole custody, or other rights. Issues like this may arise whether or not the mother was ever married to the child’s biological father.
Every decision that a court makes in cases involving children will be based on the child’s best interests standard. This means that when a single mother believes their child’s biological father is unfit to care for the child or it would not be in the child’s best interests, the mother can request sole legal and physical custody rights from the court.
To find out more information on single mother custody rights in Illinois, an individual can schedule a legal consultation with a local Illinois lawyer.
Are There Different Types of Child Custody?
Yes, there are different types of custody that a parent may be awarded. Courts will do their best to award custody arrangements that are in the best interests of the child.
The different types of custody arrangements that a court may order or that the parents can agree to in a legal separation or divorce include:
- Legal custody: With this arrangement, one parent has the right to make decisions about the child’s upbringing, which includes their school, religion, and health care.
- Physical custody: With this type of custody, the child resides in the parent’s home. This also includes providing daily care for their child, such as clothing, meals, and daily transportation.
- In certain states, joining physical custody is allowed. In this arrangement, the child will live with both parents for equal amounts of time.
- Joint custody: Joint custody means that the parents share decision making responsibilities for the child.
- Joint custody can also include joint legal custody, joint physical custody, or both.
- Sole custody: With sole custody, one of the child’s parents is given some legal rights and custody over the child, while the other parent is usually given visitation rights.
- This is not a commonly used custody arrangement in cases where two parents are involved.
- If this type of custody arrangement is necessary, a court will usually give the other parent generous visitation rights.
- This arrangement is typically used in cases involving single parents.
Who Determines Child Custody?
Child custody will usually be determined by the family court that is handling the case. Parents, however, may create their own custody agreements that can provide them with the flexibility that they need.
Custody agreements outline the guidelines for custody for both of the child’s parents. This type of agreement is usually issued in cases of legal separation and divorce that involve children.
Custody agreements can include instructions regarding which parent will have primary physical custody, which parent has legal custody and visitation schedules. The parents of a child are allowed to come to their own terms for an agreement without going to court. That agreement, however, must be approved by the court.
If a child’s parents are able to reach a custody agreement on their own, it can help relieve some of the stress associated with child custody issues. Courts are less likely to intervene when a divorcing couple is able to cooperate and reach an agreement themselves.
A parent can also avoid having to go to court by participating in family mediation. Family mediation is a form of alternative dispute resolution (ADR) in which a neutral third party helps the parents reach an agreement on their own.
Can a Father Take a Child Away From the Mother?
In most situations, no, the biological father of a child cannot simply take them away, as it may be considered a parental kidnapping. The court will make any child custody decisions in Illinois using the child’s best interests standard, as noted above.
When the mother of a child is clearly unfit, it is not likely that a court will take sole custody from the mother and give it to the father. Instead of the child being immediately removed, a formal legal procedure must be followed, which includes hearings and a court order.
A child will only be immediately removed from the custody of the mother when they are in danger. The court might award custody to a father if a child’s mother dies, is determined to be a danger to their child, or if they want to give up their parental rights.
It is important to be aware that this can happen to both fathers and mothers. In these situations, courts will consider the child’s age as well as their emotional, physical, and medical needs. The court will also consider the employment, lifestyles, and financial and emotional states of both of the parents.
Can I Move With My Child Without the Father’s Permission?
Before a parent moves, whether it is across town or to a different state, they should report it to the court in addition to petitioning to modify their child custody agreement. The moving parent will need to show that it is in the child’s best interests, such as if the parent obtained better employment that will allow them to better provide for the child.
Generally, parents cannot move out of the state without a court’s permission. Issues involving interstate child custody can be complicated because of the possibility of severe consequences when the laws are not followed.
When a parent moves with their child without a court’s permission, they may face losing custody and even jail time. However, if the child’s mother was not married to the child’s biological father and there is no court order that governs custody, a mother is free to move with the child whenever she wants to.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a single mother, it is very important that you have assistance from an Illinois child custody attorney to help you with any custody concerns or issues you may be having. Issues that involve your children may be some of the most emotional and stressful issues you will encounter.
Your child custody attorney can help you understand the child custody laws in Illinois, file any required documents with the court, and represent you during your court appearances. Additionally, your custody lawyer can help make sure your parental rights remain protected.
You can use LegalMatch’s lawyer matching service at no cost to find a custody lawyer in your area who can help you resolve your concerns. Having an attorney’s help will give you the best chance at the outcome you want for you and your child.
