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Custody Without Marriage

Joliet Child Custody Lawyers for Unmarried Parents

In Illinois, the rights and responsibilities of parenthood are not determined solely by marital status. However, the process for legally establishing rights to custody and support is notably different for unmarried parents, requiring specific steps to ensure both parents are legally recognized and a clear plan is in place for the child’s care.

At Sabuco Beck, P.C., we provide compassionate and knowledgeable legal support for unmarried parents seeking to claim their parental rights under Illinois family law. We are here to protect your role as a parent and help you establish a stable, supportive environment for your child.

The First Step: Establishing Paternity

Before a court can grant rights regarding custody or parenting time, legal parentage must be established. For the birth mother, parentage is automatically established. For the father, however, it must be legally confirmed. In Illinois, this can be done in three primary ways:

  1. Voluntary Acknowledgment of Paternity (VAP): Both parents can sign a VAP form, often available at the hospital when the child is born.
  2. Administrative Order: A division of Healthcare and Family Services can create an Administrative Paternity Order.
  3. Court Order of Paternity: If there is a dispute or if a VAP was not signed, either parent can file a petition with the court to establish paternity. This process may involve genetic (DNA) testing to confirm the biological relationship.

Once there is an official order of paternity, parents’ legal rights and responsibilities can be established.

Securing Your Rights and Your Child’s Future

After establishing parentage, unmarried parents can petition the court to define their specific rights and obligations. Doing so can provide clarity and legal protection for both the parents and the child. You can file for:

  • Allocation of Parental Responsibilities: This involves determining who has the authority to make significant decisions for the child regarding their education, healthcare, religion, and extracurricular activities. This authority can be allocated to one parent or shared jointly.
  • Parenting Time: This refers to the schedule that outlines when the child will be in each parent’s care. Illinois law encourages both parents to have reasonable parenting time, as it is generally considered in the child’s best interest to have a strong relationship with each parent.
  • Child Support: Both parents have a legal duty to financially support their child. The court will calculate child support obligations based on state guidelines, which consider both parents’ incomes and the amount of parenting time each has.

Either parent can petition the court for any of these rights.

A Custody Lawyer Can Help You Overcome Challenges

The legal system can present challenges to anyone, but in many cases, unmarried parents can face unique issues. Emotions can run high, and disagreements over decision-making or parenting schedules are common. An experienced custody lawyer can provide crucial support by:

  • Guiding you through the process of establishing parentage.
  • Helping you negotiate a fair and practical parenting plan.
  • Calculating child support correctly.
  • Advocating for your rights in court if an agreement cannot be reached.

A knowledgeable legal advocate will file all paperwork correctly and present your case effectively, allowing you to focus on what matters most: your child’s well-being.

Let Us Advocate for You and Your Child

Whether you need to establish paternity or create a comprehensive parenting plan, the dedicated lawyers at Sabuco Beck, P.C. are here to help. We provide clear, strategic guidance to help you obtain your rights and build a positive future for your family.

Contact Sabuco Beck, P.C. today to schedule a confidential consultation and learn how we can assist you with your child custody matters.

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Joliet Office

950 Essington Road Suite B
Joliet, IL 60435

Phone : (815) 730-8860

Fax : (815) 730-8865

Minooka Office

500 Bob Blair Road
Minooka, IL 60447

Phone : (815) 467-0270

Fax : (815) 467-0271