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Illinois Parentage and Paternity Law

Parentage or paternity cases involve determining the legal rights and responsibilities of parents. For example, a child's mother may wish to seek payment of child support from the natural father of a child. Or, a father may wish to obtain visitation with his child after he is no longer in a relationship with the mother. The Courts in Illinois use the Parentage Act, 750 ILCS 45, to determine these issues. We can help with your Illinois parentage case, in Cook, DuPage, and Will Counties.

Essentially, in Illinois, unmarried parents by law can secure the same rights as married (divorcing) parents with respect to minor children (those under 18). They also have the same obligations. Here is a basic, abbreviated list:

 1. The child has a right to visitation (parenting time) with the parent.

 2. The non custodial parent has an obligation to pay child support (with the same income rules as divorced parents), and child support is retroactive to the date of birth (depending on the situation);

 3. The non custodial parent must pay medical expenses related to prenatal care and childbirth;

 4. The non custodial parent must share medical insurance and medical, dental, and optical expenses with the other parent;

 5. The non custodial parent must share in post-high school (college/vocational school) expenses for the child.

Unless a Voluntary Acknowledgement of Paternity (VAP) is signed by the father, we recommend a DNA test in all cases to verify paternity. It is cheap and painless (the lab takes a swab from inside the mouth).

If no court order exists regarding parentage, there is no way to enforce visitation or child support claims. Obtaining a court order early is in the best interest of the child and both parents in the long run.

I have a child and was never married to the father. I can move out of state with the child and the father can’t stop me, right? He never signed the birth certificate and we don’t have any parentage court order.

You need a court order first. Even if there is no existing parentage order or custody order in place, you need permission from the court to take a child out of state. (Note that if the other parent OKs the travel out of state, and it is a vacation for example, an order is probably not needed).

That is the recent decision by the Illinois Supreme Court in Fisher v. Waldrop, 2006 WL 1029682 (Ill. 2006). The Court decided in that case that even in a case involving unmarried parents, the parent seeking to remove the child must request permission from the court and must prove that the move will benefit the child (see my other post below for more on removal).

Do not assume that you can take your child out of state in any case -- get an order first. Removal of a child from the state without an order may be a crime and result in civil penalties as well. Even if the other parent says he or she does not care what happens, get a court order.