The Rights and Responsibilities of Unmarried Parents

 Posted on February 13, 2025 in Child Custody

As of 2018, about one in four couples with one or more children were unmarried. There is simply less societal pressure for younger people to marry than there once was. Yet unmarried couples are still having children, which begs the question of whether unmarried parents have the same rights and responsibilities as married parents – or married parents going through a divorce.

When parents are unmarried, there may be questions and issues surrounding paternity, as well as questions regarding the allocation of parental responsibilities (custody), parenting time, and child support. Illinois automatically recognizes paternity if the mother and father are married, but the same is not true when they are not married. If you have questions or issues related to your rights and responsibilities as an unmarried parent, it can be extremely helpful to speak to an experienced Wheaton, IL family law attorney.

How is Paternity Established in the State?

While an unmarried mother has the same rights as a married mother, the same is not true of fathers. If a child is born to an unmarried couple, until paternity is established, the mother has sole custody of the child, retaining all parenting time and parenting responsibilities. Fathers can establish paternity in three different ways in Illinois:

• A man who is married to the child’s mother is automatically considered to be the child’s father.
• The father can file a paternity action with the court, asking that paternity be established via genetic testing (DNA).
• If the child’s birth certificate names the man as the biological father and a statement is signed by both the mother and the father stating the mother had permission from the father to name him on the birth certificate, then paternity is established.

If the mother and father are no longer together as a couple, the father can register with the Illinois Putative Father Registry which would ensure he is notified should the mother place the child for adoption.

What About Parenting Time and Parental Responsibilities for Unmarried Parents?

As of 2016, Illinois replaced the word "custody" with "allocation of parental responsibilities" and replaced "visitation" with "parenting time." While the words changed, the same concepts related to child custody remain in place. If the father and mother are legally recognized as the parents of a child, they have the same rights and responsibilities as married parents.

Parental responsibilities refer to each parent's decision-making capabilities over the children, especially for decisions regarding education, religion, healthcare, and extracurricular activities. While some parents opt for a 50/50 split in time, as children get older, this may not be a realistic solution, and adjustments may need to be made. Parental responsibilities and parenting time will also have an impact on child support, along with the income and expenses of each parent.

How Are Decision-Making Responsibilities Determined by the Court?

If parents cannot agree on parental responsibilities and parenting time, the court will make those determinations based on the child's best interests. The court will consider the following factors:

• Each parent’s mental and physical health
• The ability of each parent to share in the decision-making process
• The level of conflict between the parents
• The level of each parent’s participation in the life of the child to this point
• Whether the child has adjusted to his or her current home life, school, and community
• The needs of the child
• The distance between the homes of the parents
• The work schedule of each parent
• The child’s daily schedule
• The wishes of the child, in some instances
• Whether either parent has a history of child abuse or neglect, has a criminal history, a drug or alcohol problem, or is a convicted sex offender.

Contact a DuPage County, IL Parental Responsibilities Lawyer

Whether a couple is married or not, once the father has established paternity, each parent's rights and responsibilities are the same as if the parents were married. Speaking to a skilled Wheaton, IL parental responsibilities attorney from Davi Law Group can help you understand how these decisions are likely to go if a judge makes them. Attorney Davi spent several years as an Assistant State’s Attorney in DuPage County, resulting in many more resources that benefit his clients. Call 630-657-5052 to schedule your free consultation.