While Illinois law does not assume that granting custody to the mother is in a child’s best interests, mothers often serve as custodial parents (whether by a court-sanctioned joint agreement between the parents or by court order). And while Illinois law presumes that visitation with the non-custodial parent is in the child’s best interests, the law does not require children to receive equal parenting time.* Thus, it is entirely possible – if not probable – that a mother with sole custody, or a mother who is the custodial parent in a joint custody arrangement, will spend more time with the children than the father will spend.
*Note that the custodial parent may petition to restrict visitation rights by showing that visitation would endanger the child’s health or well-being.
The custodial situation for unmarried fathers is more complicated. The law presumes that a child born to a married woman is her husband’s biological child. However, if the mother is unmarried when the child is born, the biological father must assert his parental rights.
Establishing Paternity
Illinois law presumes paternity if:
- The man and the child’s biological mother were married when the child was conceived (paternity is not denied solely because the couple divorced prior to the child’s birth);
- The man marries the child’s mother after conception and consents (in writing) to being listed on the birth certificate as the child’s father; or
- The couple signs an acknowledgement of paternity, an acknowledgment of parentage, or an acknowledgment of parentage with a denial of paternity if the presumed father is not the biological father.
If the putative father does not fall into one of these categories but claims to be the biological father, then he must establish paternity in order to protect his custody and visitation rights. Problems might arise if he does not establish paternity immediately. For example, the mother may put the child up for adoption without the putative father’s consent. In that situation the putative father has no grounds for contesting the adoption.
The father should register with the Putative Father Registry within 30 days of the child’s birth. Registering ensures that he will be notified if the mother puts the child up for adoption. He should then initiate legal proceedings to officially establish paternity. If the mother disputes that he is the child’s father then the court will order a DNA test.
Once paternity is established the father can assert his parental rights, including petitioning for custody and visitation rights.
If you are a putative father who wants to establish paternity, contact one of our Schaumburg family law attorneys at Glasgow & Olsson We have experience handling paternity cases, as well as child custody cases generally. Contact us today for a free initial consultation. We can assist those in the Chicago area.