In today’s world, it is becoming increasingly common for parents to have children while they are unmarried. However, this can lead to issues when it comes to establishing the paternity of that child. Establishing paternity is an important step in securing the same parental rights and responsibilities for the father of a child that are not automatically granted when parents are unmarried. Most of the time, paternity cases are aimed toward proving the paternity of a child, though in some cases, disproving the paternity of a child can be just as important. The easiest way to deny the paternity of a child is to sign the Denial of Parentage form at the hospital when the child is born; however, this does not always mean you are off the hook for parental responsibilities.

Fighting the Presumption of Paternity if You Are Married

In the state of Illinois, a man is presumed to be the father of a child if he was married or in a civil union with the mother at the time the child was born or during the 300 days prior to the child’s birth. This is true even if the child is not the man’s biological child, which is where issues can arise. If the presumed father is not the child’s biological father, he can sign a Denial of Parentage form, stating that he is not the father. However, he will still be considered the child’s legal parent and held responsible for child support unless the biological father signs a Voluntary Acknowledgement of Paternity (VAP) form confirming that he is the child’s biological father. 

In many cases involving unwed parents, establishing legal paternity is important to ensure that the child has the financial support of both parents, and that the mother can rely on assistance from the father by way of regular child support payments. However, establishing paternity can also be crucial for unmarried fathers who wish to be part of their children’s lives, in that it helps them secure important father’s rights.

Benefits of Establishing Paternity for Unmarried Fathers in Illinois 

If you are an unmarried father, taking the steps to establish legal paternity can ensure that you have parental rights that may come into play in several different legal situations. One such situation is a potential adoption proceeding involving the child. If you have been legally recognized as the child’s father, the adoption of the child by another party will usually require your consent in addition to that of the child’s mother. By withholding your consent, you may be able to prevent an unwanted adoption and ensure that you remain your child’s legal father.

Whether they are divorced from their children’s mother or were never married, biological fathers usually have rights to some involvement in their children’s lives and responsibilities to contribute to their well-being. However, there are many situations in which a non-biological dad may also want to seek fathers’ rights after the relationship with the child’s other parent has ended. For example, you could have been part of a same-sex or opposite-sex couple in which a child was conceived through artificial insemination. You could be an adopted father or stepfather, or you could have raised a child believing you were the biological father and later found out otherwise. From a legal standpoint, these situations are not as clear-cut, but a recent Illinois court ruling has established that non-biological parents can have parental rights under certain circumstances.

Illinois Appellate Court Ruling on Non-Biological Parental Rights

In 2018, an Illinois appellate court heard a case involving a same-sex couple who conceived a child through artificial insemination and later separated. During the divorce, the child’s biological parent sought full custody, while the non-biological parent sought to assert parental rights including shared custody and visitation. The trial court initially ruled in favor of the non-biological parent, and the appellate court upheld the decision on the basis that there was a parent-child relationship and that the couple had made the joint decision to conceive through artificial insemination.

During a divorce, one or both spouses may seek counseling or therapy. Due to the universal Doctor-Patient Confidentiality Agreement, patients are reassured that the sessions are private. However, it is possible your therapy records could end up in the courtroom during your divorce proceeding. When this occurs, it is important to hire a family law attorney to protect your rights. 

Record Contents

Typically, if you are attending therapy or seeking the help of a professional counselor, you may have overwhelming issues that affect you psychologically and hinder your daily activities. Discussing them with an unbiased individual can be comforting and allow you to process your emotions. Problems may involve alcohol/drug addiction, a tragic event, or mental health issues. Within a divorce proceeding, these issues may negatively affect spousal support, and/or the allocation of parental responsibilities.  

Millions of parents in the United States suffer from emotional, physical, and intellectual disabilities. Within the state of Illinois, over 3 million people have children under the age of 18. Of those 3 million or so parents, 177,500 suffer from a disability. Despite the Americans with Disabilities Act (ADA) established in 1990, parents are still experiencing discrimination within their parental rights due to their disability. If you or your spouse is seeking a divorce, and you are worried about the future of your parental responsibilities because of your disability, it is important to consult with a family law attorney to protect your rights.

The Americans With Disabilities Act

The Americans With Disabilities Act (ADA) was passed on July 26, 1990, by President George H.W. Bush. The ADA forbids discrimination and promises that those with disabilities are allowed the same rights as everyone else, including equal employment opportunities, participation in state and local government programs and services, and fair legal settlements. Although parents with disabilities may be able to provide exceptional care for their children, the court always considers the best interest of the child when making a final decision. To determine this, a judge will look at factors such as the relationship between the child and each parent, and the age and health of the child. 

Although Illinois family law prefers a child to have two parents actively involved in his or her life, there are times when it is in the best interests of the child to terminate one of the parent’s parental rights. Once an individual’s parental rights have been terminated, he or she is no longer responsible for the child, meaning he or she does not have to pay monthly child support payments and cannot make decisions on the child’s behalf. Illinois has strict and specific rules regarding the termination of parental rights, so it is important to understand them if you are ever involved in a legal dispute regarding your or your former partner's rights regarding your child. 

The Illinois Adoption Act and Parental Rights

Typically, a parent is not allowed to give up his or her rights in order to avoid parental responsibilities or paying child support. In addition, one parent is not allowed to petition to revoke the other parent’s rights as part of a child custody dispute. Typically, parental rights will typically only be terminated if the child is being adopted by a step-parent or another party. Under the Illinois Adoption Act, parental rights can be only involuntarily terminated if:

Even when a separating couple has the best intentions to part ways and co-parent peacefully, the end of a relationship can create tense and stressful situations. Unlike spouses who are divorcing, a couple who is not married can separate without the need to legally dissolve their relationship. However, if a couple has a child together, the end of a relationship requires more planning and decision-making. This process can become contentious, especially if the parties disagree on parenting matters such as the allocation of parental responsibilities and parenting time. If you are facing a child custody dispute, a family law attorney can help you explore your options and advise you of the steps you can take to achieve a favorable outcome.

Establishing Paternity

For a married couple, there is usually no need to establish parental rights. According to Illinois law, when a child is born to a married couple, the spouses are assumed to be the child's legal parents. However, if a child is born to an unmarried couple, the father may not automatically be considered the child's legal parent. In these cases, paternity may need to be established either through a Voluntary Acknowledgement of Paternity (VAP) form, through an Administrative Paternity Order, or through an Order of Paternity issued through the courts. After the father's parental rights have been established, the parents may determine how to address custody of the child.

How Child Custody Is Determined

The allocation of parenting responsibilities, formerly called child custody, is decided on an individual, case-by-case basis, which means there is no universal arrangement that is followed for divorcing or unmarried parents. When a non-married couple breaks up, they will typically use one of two methods to create a parenting plan:

Adoption is the legal process for assuming parental responsibilities for another person’s child. Adopting a child from an agency is an option for couples to grow their family if they cannot conceive on their own. However, there are other types of adoption, including stepparent adoption. In these cases, an individual with a stepson or stepdaughter may want to consider legally becoming the child's parent. If you are considering a stepparent adoption, speaking with an experienced family law attorney can ease your concerns as you walk through the legal process in Illinois.

A Relative Adoption Versus an Agency Adoption

A stepparent adoption does not involve the same process as an international or Department of Children and Family Services (DCFS) adoption. Here are a couple of differences between them:

If you are a parent who is in the midst of a divorce, you probably have many questions about the future. “Where will I live?” “Will I be able to make enough money?” “What will happen to my kids?” As you probably know, the laws regarding child custody have undergone substantial changes in the last few years. The changes were designed to reduce competitiveness and friction between divorcing or unmarried parents and to encourage cooperative parenting. But what if your former partner is uninterested in taking responsibility for your child? Or, what if it scares you to leave your children with him or her? Fortunately, it is still possible for you to seek an amended version of what used to be called “sole custody” of your child.

New Names for Legal Custody and Physical Custody

At the beginning of 2016, sweeping reforms to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) took effect. The updates largely eliminated the term “child custody” and replaced it with the more nebulous phrase “allocation of parental responsibilities.” Under the amended law, parental responsibilities are divided into two primary areas. “Significant decision-making authority” replaced the previous concept of legal custody, and “parenting time” replaced the old idea of physical custody. Sole and joint custody were two different types of legal custody arrangements as they were established to clarify which parent or parents had the responsibility to make important decisions about the child’s life.

The Chicago Tribune recently published a story about child abuse that is so extreme, it is stomach-turning. A couple in southern California was found to have been keeping their thirteen children secluded in their home under horrific conditions. The siblings were found by police to be extremely malnourished and thin. Their skin was pale and looked as though the children had spent little time outside.

A “Private School”

The diminutive stature of the children led investigators to believe they were all under age 18 at first. Investigators were shocked to find that the children ranged in ages from 2 to 29. The religious parents of the 13 victims were holding the children prison in their own home. They called their home a private school and their children its pupils. The father was the principal of the school. Because no state agency regulates private schools in California, the state did not realize the atrocities that were happening inside the home.

The term “parental alienation” refers to the process through which a person psychologically manipulates a child into having ill feelings toward their parent. This most often occurs when parents divorce or separate. Parental alienation is a form of psychological abuse and it can be devastating to both the child and his or her parents. There is even evidence to suggest that a child who has been manipulated in this way will have a higher chance of mental and physical illness. Parental alienation is inexcusable.

Why and How Does Parental Alienation Occur?

Parental alienation most often happens to children whose parents are separating or divorcing. Of course, it can also be an issue for children of parents who were never married to one another. When the parents are in conflict, they can start to bring their child or children into the conflict. A parent who is jealous or angry toward the other parent begins to encourage their child to take “their side.”

Individuals and couples who are interested in adopting children obviously are advised to take the time to familiarize themselves with the Illinois Adoption Act (IAA) However, there are other areas of law in which the IAA can provide valuable input. One of the most common is when a parent or couple’s parental rights are at issue, especially when deciding whether or not a parent or parents should keep their parental rights. The IAA can provide guidance on such issues.

The Concept of Unfitness

Normally, Illinois courts prefer that if one or both of a child’s birth parents is to lose their parental rights, there should be another person able to step into the parental role. The state works very diligently to ensure that children have two parents as often as possible. The one rare occasion in which this does not always happen is when a parent is declared unfit under the Adoption Act. In these unusual instances, it is deemed more important to remove a child from a potentially dangerous situation. Sometimes, however, even if a parent is found unfit, their parental rights will not be terminated unless someone else is willing to adopt the child.

Generally, Illinois courts do not have any interest in taking children away from their natural parents without immediate and pressing reasons to do so. However, when a parent’s fitness is called into question, obviously, due diligence must be performed lest children remain in harmful and dangerous situations. If you have been accused of being an unfit parent, it is important for you to understand what that means so you may best defend against it.

Statutory Criteria

Every state has its own definition of “unfit.” In Illinois, the guidelines can be found in the Illinois Adoption Act which sets out the criteria a judge may use to declare that a parent falls into that status. An unfit parent is defined in Illinois as someone who can objectively be found to not have the child or children’s best interests at heart. This can be shown by a lengthy list of considerations contained in the statute. Some of the more common concerns include abandonment, neglect, demonstrable cruelty toward the child, a lack of interest or responsibility, substance abuse, or addiction.

While most people are familiar with the concept of adoption, many may realize that there are alternatives to adoption that can grant an individual certain authority over a child’s life. In Illinois, as well as other jurisdictions, it is possible to seek legal guardianship of a minor child. Guardianship, in many ways, is quite similar to adoption but is quite different in others. If you are looking to provide a loving home to a child in need, understanding the differences between the two can help you make the best choice for your specific situation.

Many Similarities

Guardianship of child grants you the legal authority to act as the child’s parent in virtually all areas of the child’s life. You become responsible for tending to the child’s day-to-day needs, as well as making medical, educational, and other decisions regarding the child. An adoption would provide you with all of the same authority and responsibilities regarding the child.  Both adoptions and guardianships in Illinois will only be granted if the child’s birth parents consent to the arrangement, have been found to be unsuited for providing such care for the child themselves, have passed away, or cannot be located.

When you are not married to the mother of your child, it may be very difficult for you to exercise your rights as a father. In fact, if you have not established legal paternity, you may not even have any such rights under the law. Your relationship with your child is extremely important, but may be non-existent unless you take action, which begins with establishing paternity.

How Paternity May Be Established

Thanks to the newly enacted Illinois Parentage Act of 2015, you are presumed to be the father of a child if you are or were married to the child’s mother when the child was born or got married after the birth and you are listed as the father on the birth certificate. If the child was born within 300 days of your divorce, you would also be the presumed father. Assuming the presumption of your parentage is not rebutted, you would be considered your child’s legal father, with all of the accompanying rights and responsibilities.

In today’s world, blended families are becoming increasingly common. For some, it may be the result of a remarriage, while others are waiting longer to get married for the first time. Whatever the case, a marriage involving children from previous relationships can be both extremely challenging and very rewarding. What happens, however, when your new spouse expresses interest in pursuing the adoption of your child?

Why Adoption?

When you chose to marry your new spouse, you probably gave a great deal of thought to his suitability as a stepparent. Like most parents, you probably consider your child’s happiness and best interests in virtually every decision you make. Hopefully, the transition to a new parental situation has been a positive one for your child and his or her relationship with your spouse is becoming stronger every day. A stepparent bond does not require adoption to be effective; it is based on human interaction, trust, and mutual love.

According to a new study, there is a growing trend of shared child custody, with fewer courts awarding sole custody of children to the mother.

The study was done by researchers from the University of Wisconsin–Madison. The team examined the data from Wisconsin family courts from 1988 until 2008. They looked at more than 10,000 divorce cases.

In the late 80’s and early 90’s, very few custody arrangements involved shared custody. Instead, the mother was typically awarded sole physical custody with the father awarded visitation, or parenting time.