Child Custody and Parenting Rights of Unmarried Fathers in Illinois

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we explain the custody and parenting rights of unmarried fathers in Illinois. We discuss how to establish paternity in Illinois and answer the questions, “what rights does the father have once paternity is established?” and “how is parenting time and responsibility determined for unmarried fathers?”

How to Establish Paternity in Illinois

If you are the biological father of a child that was born out of wedlock, the first step in obtaining parenting rights is to establish paternity. Until paternity has been established, you will have no rights to see your child or to act as a parent.

Paternity can be established at the birth of the child if both parents sign a Voluntary Acknowledgment of Paternity, it can also be established after the birth of the child by agreement of the parents. To learn more about this, check out our article: Voluntary Acknowledgment of Paternity and Establishing Paternity by Agreement in Illinois.

If there is a dispute as to paternity, the father can file a petition to establish paternity. After filing the petition a hearing will be held, at which point both sides can present evidence for and against the alleged…