What Rights Do Unmarried Fathers Have In Illinois?
As a custody attorney in Schaumburg, I frequently meet fathers who love their children deeply but are unsure of their legal rights because they were never married to the child’s mother. Illinois law distinguishes between biological and legal fathers, and without proper legal action, an unmarried father may not have the same rights as a married father. Understanding how the law defines paternity and the steps required to secure parental rights is essential to protect your relationship with your child. These rights impact where your child resides, who makes decisions regarding their upbringing, and how parenting time is allocated under Illinois law.
Establishing Paternity Under Illinois Law
Under Illinois law, an unmarried father does not automatically have legal parental rights, even if his name appears on the birth certificate. To gain legal recognition as the father, paternity must be formally established. The Illinois Parentage Act of 2015, found in 750 ILCS 46/, governs this process. Paternity can be established in three ways:
- Voluntary Acknowledgment of Paternity (VAP) – Both parents can sign a Voluntary Acknowledgment of Paternity form at the hospital or later with the Illinois Department of Healthcare and Family Services (HFS). Once filed, it gives the father legal status and responsibilities.
- Administrative Paternity Order – The Illinois Department of Healthcare and Family Services may establish paternity administratively, particularly in cases involving child support.
- Judicial Order of Paternity – Either parent can petition the court to establish paternity. The court may order DNA testing and issue a formal judgment declaring the man as the legal father.
Without one of these legal acknowledgments, the court will not recognize the man as the legal father, meaning he has no enforceable right to custody, visitation, or decision-making for the child.
Legal Rights Once Paternity Is Established
Once paternity is legally established, an unmarried father gains several rights equal to those of a married father under 750 ILCS 5/602.5 and 750 ILCS 5/602.7, which govern parental responsibilities and parenting time. These rights include:
- Decision-Making Authority – The father may share in major decisions about the child’s education, medical care, religion, and extracurricular activities.
- Parenting Time – The court can award regular visitation or shared parenting time.
- Access to Records – The father gains the right to access school and medical records.
- Ability to Seek Custody – The father can petition for joint or sole allocation of parental responsibilities.
It is important to note that establishing paternity does not automatically grant custody or parenting time. The father must file a separate petition requesting the allocation of parental responsibilities and parenting time. The court will then decide based on the best interests of the child, as defined in 750 ILCS 5/602.7(b).
Child Support Obligations and Parental Rights
Legal fatherhood also brings financial responsibilities. Under 750 ILCS 5/505, both parents are required to support their child financially. Once paternity is established, the court can order the father to pay child support according to Illinois’ income shares model. The amount depends on each parent’s income, the number of overnights with the child, and other expenses such as healthcare or education.
However, fathers sometimes misunderstand this connection – paying child support does not automatically grant visitation or custody rights. These are separate legal issues that require a court order. Likewise, a mother cannot deny visitation simply because the father has fallen behind on support payments. Both child support and parenting time are independent matters under Illinois law.
Custody and Parenting Time for Unmarried Fathers
After establishing paternity, the next major step for an unmarried father is to request parenting rights through the court. Illinois law no longer uses the terms “custody” and “visitation.” Instead, it refers to the allocation of parental responsibilities and parenting time under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/600).
When deciding how to allocate these responsibilities, the court looks at several factors, including:
- Each parent’s involvement in the child’s life
- The child’s adjustment to home, school, and community
- The willingness of each parent to facilitate a relationship between the child and the other parent
- Any history of abuse, neglect, or domestic violence
An unmarried father has the same opportunity as the mother to seek substantial parenting time or even primary residential custody, provided he demonstrates that doing so serves the child’s best interests.
What Happens If The Mother Contests Paternity
In some cases, the mother disputes paternity or refuses to cooperate. If that happens, the father can file a Petition to Establish Parentage with the circuit court in the county where the child resides. The court will typically order genetic testing under 750 ILCS 46/401, and the results, if they show a 99% or greater probability, are usually sufficient to establish legal fatherhood. Once the court enters a judgment of parentage, the father’s rights become legally protected and enforceable.
Importance Of Legal Representation For Unmarried Fathers
The process of establishing paternity and securing parenting rights in Illinois can be emotionally difficult and legally complex. I have seen many cases where fathers believed signing the birth certificate was enough, only to discover later that they had no enforceable right to see their child. In other situations, mothers have relocated or denied access, forcing fathers to turn to the court system to assert their rights.
Having an experienced attorney is critical to ensuring that all paperwork, petitions, and court filings are handled correctly. It also ensures that your rights are asserted under Illinois law and that you receive fair consideration in parenting time and decision-making allocations.
Frequently Asked Questions About Unmarried Fathers’ Rights In Illinois
Can An Unmarried Father Be Listed On The Birth Certificate Without Establishing Paternity?
Yes, but being listed on the birth certificate alone does not give an unmarried father legal rights in Illinois. The only way to gain enforceable parental rights is by signing a Voluntary Acknowledgment of Paternity (VAP) or through a court or administrative order under 750 ILCS 46/. Without this legal recognition, the father has no right to custody, visitation, or input on the child’s upbringing, even if he supports the child financially.
Can A Mother Deny Visitation If The Father Hasn’t Paid Child Support?
No. Illinois law treats parenting time and child support as separate matters. A mother cannot deny visitation or parenting time because the father is behind on child support payments. If visitation is court-ordered, withholding it can result in contempt of court. The proper remedy for unpaid support is enforcement through the court, not interference with parenting time.
Does Establishing Paternity Automatically Grant Custody Rights?
No, establishing paternity gives the father legal recognition but does not automatically provide custody or parenting time. The father must petition the court for an allocation of parental responsibilities under 750 ILCS 5/602.5 and 602.7. The court will then decide based on the child’s best interests, taking into account each parent’s involvement and ability to provide a stable environment.
Can An Unmarried Father Prevent The Mother From Moving Out Of State With The Child?
Once paternity is established and the court approves a parenting plan, both parents have rights regarding relocation. Under 750 ILCS 5/609.2, a parent with primary residential custody must seek court approval before moving a significant distance or out of state. An unmarried father with established rights can object to the relocation and ask the court to determine whether the move serves the child’s best interests.
What Happens If The Mother Refuses To Allow DNA Testing?
If the mother refuses to participate in court-ordered DNA testing, the court can proceed with sanctions or enter a default judgment establishing paternity if sufficient evidence supports the claim. Courts take paternity cases seriously because they directly affect a child’s welfare and legal status.
Do Unmarried Fathers Have To Pay Child Support Even If They Have No Custody?
Yes. Once paternity is established, both parents are responsible for supporting the child financially, regardless of custody arrangements. The court will determine the amount of support under 750 ILCS 5/505, based on the incomes of both parents and their parenting time. Even if the father has limited or no parenting time, he remains financially responsible.
Protect Your Rights As A Father
If you are an unmarried father in Schaumburg or anywhere in the Chicago area and want to protect your relationship with your child, it’s important to act now. Establishing paternity and asserting your parental rights early ensures that your bond with your child is legally recognized and protected.
Contact our Chicago custody lawyer at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. We represent fathers and families in Schaumburg and throughout the Chicago, Illinois area, helping parents secure their rights and protect their children’s futures.
