Understanding Parentage Cases in Illinois: Rights for Unmarried Parents

In Illinois, both married and unmarried parents have the same rights to their children. In parenting cases, however, a parent may need to establish paternity, particularly if he is not on the Voluntary Acknowledgement of Paternity or if he is not on the birth certificate.  Illinois no longer determines “custody” for the children.  

The legislature abolished the word custody on July 1, 2017.  Parenting plans now dictate who makes decisions for the children—Healthcare, Education, Religion and Extra-Curricular activites—and which parent has parenting time through out the year on a week to week basis and who has the children during school breaks, holidays, vacations and several other times important to each family’s religion, traditions, and other personalized issues.  

What Is a Parentage Case?

A parentage case is a legal process used to establish the parent-child relationship under the Illinois Parentage Act. Once parentage is established, the court applies the same legal standards used in divorce cases to determine parenting time, decision-making and child support.

Parentage may be established in several ways:

• Voluntary Acknowledgment of Paternity, often signed at the hospital or shortly after birth

• Reliance on the child’s birth certificate or prior acknowledgments when applicable

• Court proceedings, which may involve genetic testing when parentage is disputed

Once parentage is legally recognized, the court has authority to enter parenting orders.

Parenting Rights After Parentage Is Established

After parentage is established, unmarried parents have the same rights and responsibilities as married parents under Illinois law.

Parenting Time

Parents may seek a parenting time schedule that reflects the child’s best interests. The court evaluates parenting time using the same statutory factors applied in divorce cases.

Decision-Making Responsibilities

Parents may request allocation of decision-making authority over education, healthcare, religion and extracurricular activities. Decision-making may be shared or allocated to one parent based on the child’s needs and circumstances.

Child Support

Once parentage is established, child support may be ordered under Illinois guidelines, regardless of the parents’ marital status.

Why Parentage Still Matters

While parenting standards are the same, parentage matters because it establishes legal standing. Without it, the court may lack authority to enter enforceable parenting or support orders for an unmarried parent.

Establishing parentage allows parents to:

• Assert and protect parenting rights

• Seek enforceable court orders

• Create structure and clarity for the child moving forward

For children, parentage provides legal recognition, financial support and access to important benefits and information.

How Parentage Fits Into Your Family Law Roadmap

Parentage cases are often the starting point for unmarried parents navigating family law issues. Once parentage is established, parents can proceed with addressing parenting time, decision-making and child support using the same legal framework applied in divorce cases.

Parentage sets the stage for resolving family law issues in an organized and legally enforceable way.

Frequently Asked Question

Do unmarried parents have different parenting rights than married parents in Illinois?

No. Once parentage is established, unmarried parents are treated the same as married parents under Illinois law. The court applies the same factors to determine parenting time, decision-making and child support.

Please call Larimer Law LLC today at (773) 902-0200 or email angela@larimerlawllc.com to set up a free consultation to explore your specific family law needs. We are here for you when you need us.