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Custody for Unmarried Parents

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Rolling Meadows Custody Lawyer for Unmarried Parents

Understanding your rights as an unmarried parent is vital, especially when your relationship with your child is at stake. In Illinois, the law provides a path for unmarried parents to pursue parenting time, establish child support, and seek legal decision-making responsibilities. Andrea Heckman Law is committed to helping mothers and fathers alike secure their parental rights and play an active, positive role in their children’s lives.

The Critical First Step: Establishing Paternity

Unlike married parents, where legal parentage is presumed, unmarried parents often must take deliberate action to assert their rights. For mothers, who automatically have sole legal and physical custody rights, this means access to support; for fathers, it means securing parenting time, involvement in decisions, and legal recognition. Without establishing legal paternity, a father cannot seek court-ordered parenting time or decision-making authority, and a mother may be limited in her ability to pursue financial support.

Paternity can be established through three key methods:

  • Voluntary Acknowledgment of Paternity (VAP): Both parents sign a VAP form, commonly at the child’s birth.
  • Administrative Paternity Order: Obtained through the Illinois Department of Healthcare and Family Services.
  • Order of Paternity from a Court: Petitioning the court for a paternity determination, often involving genetic testing if contested.

Once legal paternity is determined, both parents are eligible to petition the court for parenting time, child support arrangements, and shared responsibilities.

Exercising Parental Rights: Parenting Time, Child Support, and Decision-Making

With legal parentage established, both parents may claim the rights and responsibilities traditionally associated with custody. Illinois law refers to the best interests of the child standard when making decisions and affords unmarried parents equal footing to pursue meaningful involvement in their child’s life. These rights include:

  • Seeking Parenting Time: Fathers and mothers can petition for court-ordered schedules that will allow for a strong relationship with their child. 
  • Establishing Child Support: Either parent may pursue a support order to ensure the child’s financial needs are met, based on state guidelines and the child’s best interests.
  • Obtaining Legal Decision-Making Responsibilities: Parents may request authority over important matters such as education, medical care, religious upbringing, and extracurricular activities. These responsibilities can be shared or allocated to one parent.

A court-approved parenting plan then confirms these arrangements, providing enforceability and promoting long-term cooperation where appropriate.

How Andrea Heckman Law Empowers Unmarried Parents

Facing the legal system as an unmarried parent can be daunting. At Andrea Heckman Law, we strive to empower you by:

  • Explaining your rights and guiding you through every step of the process to assert and protect them.
  • Assisting with the legal steps necessary to establish paternity and open the door to parenting time, support, and decision-making.
  • Crafting comprehensive parenting plans that prioritize your child’s best interests while respecting your parental rights.
  • Representing you in negotiations and, if necessary, at hearings to seek fair parenting time, equitable support arrangements, and appropriate authority over your child’s life.

Our firm is here to provide parents with the legal support they need to build strong, lasting connections with their children.

Take Action to Protect Your Parental Rights

If you are an unmarried parent wanting to establish parenting time, obtain child support, or secure a voice in your child’s upbringing, timely legal action with the help of a child custody lawyer is essential. Contact Andrea Heckman Law today to schedule a consultation and learn how our team can help advocate for your parental rights and a stable, secure future for your child.

Contact our office to arrange for a free initial consultation and review of your case.

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Andrea Heckman

Managing Attorney

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Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.

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