Introduction to Illinois Custody Laws
Custody battles can bring a range of emotions, and losing your child to a custody battle can be a painful experience. According to Illinois parentage laws, mothers have presumed parentage established at birth, and with their names automatically on the birth certificate, the implications are that mothers may make all decisions regarding the child’s upbringing until or unless the child’s father establishes paternity. Once the father has established paternity, parental responsibilities can be shared if both parents agree on a proposed parenting plan or if the court enters a parenting plan after weighing the child’s best interests.
Having a trusted attorney like Strieker Law on your side can alleviate your fears, knowing they have your family’s best interests in mind. We’ve put together a guide on Illinois custody laws to help you understand your custody rights as a single parent.
Types of Custody in Illinois
In Illinois custody laws, there are two main types of child custody arrangements for unmarried parents. Parental responsibilities are broken into two main groups: decision-making responsibility (formerly known as “legal custody”) and parenting time (formerly “visitation”).
Legal custody, or decision-making authority, allows you to make all important decisions regarding your child’s upbringing, such as medical treatment, education, religion, and extracurricular involvement. If the father’s paternity is established, parents may be granted joint legal custody or joint decision-making, meaning they share all major decisions affecting their child’s upbringing. Until the father has petitioned to establish paternity, however, he is unable to legally make decisions for the child.
On the other hand, according to Illinois custody laws, parenting time is the time your child spends with each parent during the week, on holidays, and on vacations. The primary parent often gets more time than the nonprimary parent. Even if parenting time is split equally between the parents, the court will designate one parent as the “custodial” parent and/or as the child’s address for school enrollment purposes.
Determining Custody Arrangements
As discussed above, because a mother gives birth to the child, parentage is essentially automatic for mothers, and her name is added to the child’s birth certificate. Fathers must complete additional steps in order to establish paternity for a child.
Some ways fathers can establish paternity under Illinois custody laws include:
- Signing and filing a Voluntary Acknowledgement of Paternity (a form both parents sign at the hospital when the child is born).
- Requesting a genetic test (DNA test determining whether the claimant is the biological father), either through the Court system or informally between the parents after the child’s birth.
If paternity is established, and the parents cannot agree on a parenting plan, the case will progress through litigation, very similar to how custody cases are handled between married parents. A judge can create a parenting plan based on the child’s best interests if the parties are unable to reach an agreement on their own. Judges use many factors to determine a child’s best interests, including the child’s age, health, wishes, and long-term goals. They also evaluate the parents’ mental and physical ability, ability to cooperate, the child’s relationship with each parent, sibling, relative, and community, and living environment.
Modifying Custody Agreements
Either parent can petition to modify child custody agreements. To file a modification of custody arrangements petition, you must provide evidence of a substantial change in circumstances.
Clear reasons to change custody arrangements include:
- Serious endangerment to the child’s mental, moral, or physical health.
- Substantial impairment to the child’s emotional well-being.
- A distinct change in the child’s school performance/attendance or extracurricular activities.
- The child developed social issues because of a parent and/or the child expressing mature, reasoned desires to change the schedule.
- The parent starts a new job with a new schedule.
- A parent seeks to move a substantial distance away from the child such that the current plan is no longer practical.
- The child develops a serious illness or health condition.
- One parent wishes to relocate with the child further than 25 miles if crossing a state line or more than 50 miles if staying within Illinois.
If parents can prove there was a substantial change, they must follow these steps to request a modification in custody arrangements:
- Get the current child custody plan in order.
- Fill out your child modification forms, including Motion to Modify Parental Responsibilities, Notice of Motion, Affidavit (if applicable), and Child Support Forms.
- File your forms at your local county court.
- Have legal services inform the other party about the petition and upcoming court date.
- Attend the hearing.
- Prepare a proposed allocation of parental responsibilities form (parenting plan) outlining the change in custody you seek.
FAQs about Illinois Custody Laws
There are often numerous questions regarding custody, and the Strieker Law Firm strives to address your concerns.
1. Who Allocates Parent Rights If I’m Unmarried?
If parents are unable to reach a mutual agreement, Illinois custody law requires them to attend mediation to resolve their differences. Mediation involves both parties working with a trained and certified mediator, such as those at Strieker Law, to find common grounds for their parenting rights dispute. Our family law mediators have been certified since 2017 and are fully equipped with the tools you need for effective dispute resolution.
2. What Are Common Parenting Time Guidelines?
Illinois custody law’s most common parenting time guidelines are based on the “Model Parenting Schedule” developed by the Illinois Family Law Study Committee.
These schedules include:
- 50/50 Parenting Schedule: Both parents spend an equal amount of time with the child, such as alternating weeks, a 2-2-5-5 schedule, or a 3-4-4-3 schedule.
- 60/40 Parenting Schedule: One parent has the child 60% of the time while the other has them 40% of the time, which usually results in one parent having between 5-6 overnights with a child in a 14-day period.
- 70/30 Parenting Schedule: One parent has the child 70% of the time while the other has them 30% of the time. Examples include spending the week with one parent and the weekend with the other.
- 80/20 Parenting Schedule: One parent has the child 80% of the time while the other has them 20% of the time, such as the child living with one parent and spending every other weekend with the other parent.
3. If I’m a Single Parent, Do I Have to Allow Visitation?
It varies by case, but typically under Illinois custody laws, even if there is no order in place, it doesn’t necessarily mean you can deny your ex or others from seeing your child. In Illinois, the court must deem the other parent a danger to the child’s well-being to deny visitation rights. Practically speaking, denying your child’s parent the ability to see the child likely results in your case proceeding to court for contested litigation.
4. How Do I Choose a Child Custody Lawyer?
Finding the right child custody lawyer can be the most difficult part of your divorce process. You must research potential child custody lawyers before selecting who to schedule a consultation with. Some factors to consider are a lawyer’s reviews and testimonials, affordability, experience, and communication style.
At Strieker Law Firm, we want the best for our single parents who are going through a child custody dispute. Our team of experienced family lawyers has been recognized as a Super Lawyer for six consecutive years, leaving our clients feeling confident in their cases. Don’t hesitate to reach out with any of your child custody questions and speak with one of our child custody lawyers, or read our blog to learn more about custody and divorce in Illinois.
