![]() Illinois law requires courts to put the best interests of the child above all considerations. ![]() Though, the specific circumstances of the case always matter. Illinois courts strongly favor awarding some form of joint parental responsibilities and shared parenting time. Although the terms have changed, the law is relatively similar. Instead, the concepts fall under the terms: parental responsibilities and parenting time. It should be noted that Illinois no longer uses the terms “custody” or “visitation” in official family law proceedings. Unmarried fathers have just as much right to seek custody or visitation rights. Put another way, courts cannot grant greater rights to the mother simply because she is the mother. Once paternity is established, Illinois law requires courts to treat parents in a ‘gender-neutral’ manner. Unwed Fathers Have Equal Rights: Can Seek Parenting Time and Parental Responsibilities The bottom line: Without legally recognized paternity, unmarried fathers cannot access parental rights. In most cases, this requires seeking genetic testing - either voluntarily or with a court order. If there is a disagreement over parentage, you will be required to take additional steps to prove paternity. ![]() To be clear, this form must be signed by both the father and the mother. If there is no dispute over parentage, paternity can be established through a VAP. ![]() The easiest is through a Voluntary Acknowledgement of Paternity (VAP) form. As an unwed father, you need to prove paternity to obtain the parental rights you are entitled to.Īccording to the Illinois Department of Public Health, you have a couple of options available. However, unmarried dads face some challenges. When a man’s wife gives birth in Illinois, he is automatically assumed to be the child’s legal father - meaning no further action is needed. For married fathers, it is also not difficult to prove parentage. ![]() For biological mothers, establishing parentage is obviously very straightforward. Parentage is a recognized legal relationship between a mother/father and a child. Parentage is the Basis of Fathers’ Rights in Illinois Below, our Naperville and Bolingbrook fathers’ rights attorneys provide a more in-depth overview of the parental rights of unmarried dads in Illinois. In Illinois, unmarried fathers have the same equal rights as mothers - but only when they establish paternity. Are you an unmarried father who is seeking child custody or child visitation rights in Illinois? If so, it is crucial you understand state law. Parental rights for unmarried fathers are sometimes difficult without an experienced father’s rights attorney. ![]()
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January 2023
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