How Do Courts Decide Child Custody if We Were Never Married?

How Do Courts Decide Child Custody if We Were Never Married?

Bringing a child into the world is one of life’s most exciting and transformative experiences. But for unmarried parents, it can also bring overwhelming stress and uncertainty. Questions about custody and parental rights can cast a shadow over an otherwise joyful time. Who will have legal rights? How will decisions be made for your child’s future?

At SAM LAW OFFICE, LLC, we understand how overwhelming family law matters can be, especially for unmarried parents navigating custody issues. With years of experience, we’ve helped guide parents through these challenges, providing clarity and unwavering support at every step. In this post, we’ll break down how custody works for unmarried parents in Illinois, empowering you to confidently protect your parental rights and focus on what truly matters—treasuring every moment with your little one.

Looking at the Parental Rights of Unmarried Parents

For unmarried mothers, Illinois law automatically grants full parental rights. This means if you’re a mother, you have sole custody and decision-making authority over your child unless paternity is established. But what about unmarried fathers who want custody or visitation rights? The first step for fathers is to establish paternity.

How to Establish Paternity in Illinois:

1. Voluntary Acknowledgment: Both parents can sign a Voluntary Acknowledgment of Paternity form, which is typically completed at the hospital after the child is born.
2. Add Your Name to the Birth Certificate: This requires consent from the mother. Both parents must confirm that the father’s name is listed correctly.
3. Seek Court-Ordered Paternity via Genetic Testing: If there’s a dispute, a father can petition the court to establish paternity through DNA testing. Once confirmed, the court legally recognizes the father as a parent.

Failing to establish paternity means the father cannot seek custody, so this step is crucial.

Understanding Illinois Child Custody Laws

Illinois shifted terminology in 2016 to focus on “parenting time” and “parenting responsibilities” rather than traditional custody terms like “sole” or “joint” custody. This change reflects a more collaborative approach to co-parenting.

Parents are encouraged to create and submit a parenting plan to the court. This plan outlines:

• How parental responsibilities (education, healthcare, etc.) will be shared.
• A schedule for parenting time, detailing when the child will be with each parent.

If you and your co-parent can agree on a fair plan, the court typically approves it as long as it serves the child’s best interests. However, if you cannot agree, the court steps in to make the decision.

How Courts Determine Custody

Illinois courts prioritize the child’s well-being when deciding parenting time and responsibilities. Judges focus on the following factors to determine what arrangement serves the child’s best interests:

• The child’s wishes (if they are mature enough to express them).
• The mental and physical health of the child and parents.
• The ability of the parents to cooperate and make decisions together.
• Any history of abuse, violence, or threats.
• The parents’ participation in significant decision-making in the past.
• The child’s needs and how well each parent can meet them.
• The willingness of each parent to foster a strong relationship between the child and the other parent.
• The parents’ history of caretaking (e.g., who’s been their primary caregiver).
• The interaction between the child and each parent, sibling, and others in their lives.
• The proximity of the parents’ residences, travel difficulties, and logistical challenges.
• The willingness and ability of each parent to prioritize the child’s needs over their own.

Decisions are made with the goal of creating a stable and nurturing environment.

Why You Need Legal Representation

Navigating child custody as an unmarried parent can be legally and emotionally complex, especially when disagreements arise. This is why working with an experienced family law attorney can make all the difference. Legal professionals can:

• Help you understand your rights.
• Guide you in drafting a meticulous parenting plan.
• Advocate for your interests in court, should the need arise.

Take Control of Your Custody Case

The courts prioritize your child’s well-being above all else in any custody decision, especially for unmarried parents. The best thing you can do during this time is provide a safe, supportive, and nurturing environment for your child.

At SAM LAW OFFICE, LLC, we’re here to help you every step of the way. Our team understands the nuanced nature of child custody cases for unmarried parents and works to ensure the best outcome for you and your child. Contact us today to schedule a consultation and see how we can help you.