Decision Making/Parenting Time for Unmarried Parents in Chicago

The allocation of parental responsibilities can be a challenging journey, especially for unmarried parents. At Hammer Serna & Quinn, LLC, we understand that your primary concern is the well-being of your child. You deserve clarity and support as you establish your rights and create a stable future for your family. We are here to provide the legal guidance you need to make informed decisions and have peace of mind.

Understanding Parental Rights for Unmarried Couples

When a child is born to unmarried parents in Illinois, the law does not automatically grant the father legal rights or responsibilities. The mother is presumed to be the child’s legal parent. For a father to gain parental rights, including parenting time and decision-making responsibilities, paternity must be legally established.

Under the Illinois Parentage Act, paternity can be established in two primary ways:

Voluntary Acknowledgment: Both parents can sign a Voluntary Acknowledgment of Paternity (VAP) form, often available at the hospital when the child is born. Once properly filed, this is a legally binding admission of parentage.
Court Order: Either parent can file a petition with the court to establish paternity. The court may order DNA testing if parentage is in dispute. Once paternity is confirmed, the court can issue orders for parental responsibilities and child support.

Establishing paternity is the critical first step. It is the foundation upon which all other rights, including parenting time (formerly visitation) and the allocation of decision-making responsibilities (formerly custody), are built.

Allocating Parental Responsibilities

Once paternity is established, the process of allocating parental responsibilities is similar to that of a divorcing couple. The court’s priority is always the “best interests of the child.” Illinois law encourages both parents to be actively involved in their child’s life. This process involves creating a comprehensive parenting plan that outlines:

Parenting Time: A schedule detailing when the child will be in each parent’s care.
Decision-Making: Determines who has the authority to make significant decisions regarding the child’s education, healthcare, religion, and extracurricular activities. This can be allocated solely to one parent or jointly.
Child Support: Financial obligations are calculated based on state guidelines to ensure the child’s needs are met.

How an Experienced Attorney Can Help

Facing this process alone can be overwhelming. An experienced family law attorney is your most valuable ally, providing essential support and protecting your rights every step of the way.

At Hammer Serna & Quinn, LLC, we offer compassionate legal support to help you:

Establish Paternity: We will guide you through the correct legal channels to formally establish parentage and secure your rights.
Negotiate a Fair Parenting Plan: Our team works to facilitate cooperative solutions, helping you and the other parent create a parenting plan that prioritizes your child’s well-being and is practical for your family.
Provide Strong Representation: If an agreement cannot be reached, we are prepared to be your zealous advocates in court, presenting a clear and compelling case to achieve a favorable outcome.
Ensure Understanding and Clarity: We translate complex legal jargon into plain language, ensuring you are empowered to make informed decisions throughout your case.

Schedule a Consultation

If you are an unmarried parent seeking to understand and protect your parental rights, you do not have to do it alone. Contact Hammer Serna & Quinn, LLC today to schedule a confidential consultation. Let us help you build a secure and positive future for you and your child.