Establishing an Unmarried Father’s Rights to his Children

Unmarried Father’s Rights to his Children

If you are a father of a child that was not born of a marriage, establishing rights to your child is a difficult process. The first step is to establish paternity. This can be done by signing a Voluntary Acknowledgement of Paternity sometimes known as “VAP” at the hospital at the time the child is born. This will then be filed with the State of Illinois, and the father will usually be named on the birth certificate of the child. Both the mother and father should sign this document. The Voluntary Acknowledgment of Paternity is only for unwed parents. If a woman gives birth to a child while she is married, there is an automatic legal presumption that her husband is the father.

Establishing Paternity for Custody and Visitation

If there is no Voluntary Acknowledgement of Paternity signed, then either the mother or father can petition the court for genetic testing to establish paternity. The parties can stipulate that there is no dispute as to who is the father of the child. As an unwed father, you have no rights to your child until you file a petition with the court. This is a civil matter, meaning you cannot call the police on the mother of your child and tell them to force her to give you time with your child. A dispute like this has to be filed in civil court in front of a family court judge.

Petition for Allocation of Parental Responsibilities

In filing a Petition for Custody or Visitation, this is a crucial first step. Paternity establishes a legal relationship between a father and child. This unfortunately has to be done if the mother of your child is denying you visitation with your child. After it is established that you are the biological father of the child, you can then ask the judge for custody, visitation, and decision making regarding the child. The judge can also determine child support and can require one party to provide medical coverage for the child.

Allocation of Parental Responsibilities

Unfortunately, these cases tend to favor the mother. A father will have to show the court what the best interest of the child is; each parents’ desired parenting time; the mental and physical health of all parties involved; the distance between each parents’ home and travel time; and any prior conduct, be it positive or negative, in regards to the child or caretaking to name a few 750 ILCS 5/602.7.

It is essential as an unwed father to establish parentage and petition the court for allocation of parental responsibilities to have involvement in your child’s life. Contact Villadonga & Villadonga Attorneys at Law at 847-298-5740 today to see how we can help.

The contents contained herein are simply a synopsis of the law and is by no means a full rendition of the law or what will happen in your case. Use of this website does not create an attorney-client relationship between the user and Villadonga & Villadonga Attorneys at Law. While this site contains information about legal issues, it is not intended to be  legal advice or or a substitute for advice from an attorney.