Jump to Navigation

Cook County Custody & Visitation Law Blog

The effects of establishing paternity

According to Illinois law, if an unmarried couple has a child together, the father will not have any legal rights regarding custody or visitation unless he establishes paternity. The mother will also not be able to obtain child support payments unless the father's paternity has been established. A man who believes himself to be the father of a child may register with the Putative Father Registry either before or within 30 days of a child's birth.

A father or mother can request a DNA test to establish paternity. A judge may also order a man to take a paternity test. Following that, the parents could try to work out a custody agreement that takes into account the best needs of the child. If either parent receives full physical custody, they can arrange a visitation schedule. The mother is not obligated to allow the father visitation until paternity is established.

Petitioning for visitation in Illinois

Chicago parents who do not have custody of their children may petition the court for visitation. Alternatively, these parents may ask that provisions of this nature be included in their divorce decree.

Parents who do not have custody are entitled by Illinois laws to reasonable visitation so long as the court does not find that visitation would endanger the child. Visitation includes in-person time spent between the parent and the child and sometimes electronic communication. Third parties may also be entitled to request visitation, including grandparents, siblings and great-grandparents.

What types of custody are there in Illinois?

Most people in Illinois think custody only refers to where a child will live most of the time. Legally, however, custody also refers to the ability of one or both parents to make important decisions for the child in such areas as medical, educational, counseling and religious choices. This decision-making ability is referred to as legal custody.

Legal custody can either be awarded jointly or solely. If a child's parents are able to get along reasonably for the benefit of the child, joint custody will often be granted. In high-conflict situations when parents are unable to work together or communicate, courts will award one parent sole custody, giving that parent the ability to make all of the important decisions for the child without consulting with the other.

Factors in determining child custody

Every state has their own unique statutes that address child custody. However, Illinois parents might be interested to learn that most child custody statues are written with the same goal, which is to further the best interests of the child. Courts around the country use similar factors in determining what is in a child's best interest. The gender of a parent is rarely, if ever, a factor in child custody orders.

The wishes of the children are often considered along with the wishes of the parents. The bond between a child and his or her parents as well as sibling relationships are factors. How willing and able one parent is to nurture a relationship between the other parent and their child might influence a decision. The general health and ages of parents and children are taken into account. How well children adapt to their surroundings, including their home and their school, is important. Past experience as the primary care giver is considered.

Factors that determine child support in Illinois

When determining child support in Illinois, the best interest of the child is the court's top priority. Factors that are considered when creating a support order include the financial resources and needs of the child and the custodial parent. The physical and emotional needs of the child will also be considered when making a support order. Finally, the financial circumstances of the non-custodial parent will be also taken into consideration.

This does not mean that those are the only factors that may come into play. A court may use any reasonable basis to protect the best interest of a child when making a child support order. The net income of a parent is determined by accounting for any money that a parent made in the past year. Federal and state taxes are deducted from that amount while union dues or mandatory retirement contributions are also deducted. Insurance premiums and other support payments will also reduce the net income of a parent.

Protecting fathers' rights in Illinois

In Illinois, a putative father is a man who believes that he has fathered a child but who was not married to the child's mother when it was born. To preserve his parental rights in this situation, a man who believes that he is the legal father of a child must first register with the Illinois Putative Father Registry. This must be done within 30 days of the child's birth and may be done prior to the child being born.

In addition to registering, a father must also begin legal proceedings to establish paternity within 30 days of the child's birth. This may be done by signing a Voluntary Acknowledgement of Paternity form or by asking a judge to make a ruling. Assistance in taking such action may be available for free under certain circumstances.

Illinois statute guides judges in setting support payments

The determination of the amount of child support depends, in Illinois, on the number of children involved and the income of the parent. Payment amounts are determined on a case-by-case basis, largely at the discretion of the judge. Typically, though, judges look to the statutory guidelines.

Depending on the terms of the court order, the non-custodial parent must pay child support until the child turns 18 or until the child is emancipated. Emancipation may occur if the child becomes a member of the military or otherwise gains employment and thus no longer requires financial support, or if the child is married or moves out on his or her own and desires independence. Until the occurrence of one of these events, the child has the legal right to support from both parents. The Illinois support guidelines call for an increasing percentage of the parent's net income as the number of children involved increases. For example, the guidelines call for a parent to pay 20 percent of net income in support of one child and 28 percent of the parent's net income for two. For six or more children, the suggested amount is 50 percent of the parent's net income.

Is collaborative divorce worth looking into?

Some readers from the Chicago area may be interested in learning more about collaborative divorce. About one out of every two marriages ends in divorce, and the ratio may increase with each subsequent marriage after the first. Though many divorces tend to be emotional and highly contentious affairs, it is possible for clients to achieve legal separation without the need for adversarial litigation.

Collaborative divorces seek to bring together specialists from diverse sectors such as child services, mental health and finance to bring about a more amicable solution for both parties. The idea is to provide divorcing parties with guidance toward handling their disputes without a courtroom and thereby emphasize an outcome that may be emotionally healthier for them and any children they may have.

Overview of paternity and why it is important

When a child is conceived and born while a woman is married, Illinois law presumes that her spouse is the paternal father. However, if the woman is not married, the man is the alleged father and has to legally establish paternity. This can be done in three ways in Illinois. The woman and man can sign a Voluntary Acknowledgment of Paternity, Child Support Services can enter an administrative order or a judge can submit an Order of Paternity.

When Child Support Services uses the administrative process to determine paternity, the Department of Healthcare and Family Services interviews the mother to have her sign paternity-related documents. HFS also interviews the man believed to be the father with the goal of seeing whether he will acknowledge paternity voluntarily or if a paternity test is needed.

How does collaborative divorce work?

As many Illinois residents may already know, when a couple brings their divorce before a judge, the outcome will be based on standard formulas and may not accurately reflect an individual family's needs and wishes. In rare cases, couples may be able to agree on all the terms of their divorce and may only require help with their paperwork. In others, couples cannot agree on a single issue and will need to have the case litigated to settle their divorce.

However, many couples will fall into a middle ground in which they can agree on most things, but will need guidance to settle the remaining issues. These couples may be ideal candidates for collaborative divorce. Some of the benefits of collaborative divorce are that they may be less expensive than litigation and couples have the opportunity to create a divorce agreement that suits their unique needs.

Tell us your story

let our experience guide you

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

FindLaw Network Subscribe to this blog's feed ►