Changing social values have had a major impact on families across the United States and in Illinois. Children born outside of marriage once faced significant social stigma, but such scenarios have become quite common in recent decades. The stigma has all but disappeared.
Many parents intentionally decide to have children without marrying first. That decision can leave fathers, in particular, unsure of what rights they have when the relationship eventually changes. For example, unmarried fathers may not know what parental rights and responsibilities they have when their relationship with the other parent of their children ends. In some cases, they assume the worst and accept that they can no longer have a close relationship with their children instead of fighting for their parental rights.
Do unmarried fathers in Illinois have a right to request an allocation of parenting time and decision-making authority as well as other parental rights and responsibilities?
All parents theoretically have the same basic rights
Illinois state law does not impose different standards for parents based on their sex or their marital status. An unmarried father in theory has the same rights as a married father or any mother in the state.
All parents have an obligation to provide practical support for their children while they are dependent minors. They also typically have a right to a say in their children’s upbringing and the right to spend time with their children. However, unmarried fathers may have to formally establish their relationships with their children if they want to make use of their parental rights and fulfill their parental responsibilities.
Fathers may need to establish paternity
Someone married couples immediately work together to establish a man’s paternity after the birth of a child. They may fill out paperwork at the hospital ensuring at the state includes his name on the child’s birth certificate. Other times, they may communicate with the mother of their children after the birth of the child. They can fill out Voluntary Acknowledgment of Paternity documents and ask the state to update the birth certificate to include their name.
In scenarios where the mother of the child does not voluntarily acknowledge the father, he may be able to request the intervention of the courts. Paternity testing can authoritatively establish a man’s genetic relationship to a child. After genetic testing or a Voluntary Acknowledgment of Paternity, a man is in a position to ask for an allocation of parental rights and responsibilities. The courts can approve a parenting plan negotiated by the parents, or the parents can litigate and ask a judge to divide parental rights and responsibilities between them.
Following the right steps to establish paternity allows a father to pursue an active role in his children’s upbringing. Learning more about what influences parental rights in Illinois can help parents do what is best for their children regardless of their personal circumstances.
