What Are Unmarried Fathers’ Rights in Illinois?

 Posted on June 14, 2025 in Child Custody

The state of Illinois has a specific set of legal procedures and standards to govern the rights of unmarried fathers. Navigating this system can be complicated, but an experienced Oakbrook Terrace parental responsibilities attorney will ensure you understand the steps you must take to establish yourself as a father and exercise your rights as a parent. Learn more about fathers’ rights under Illinois law and how they apply to your case.

Establishing Paternity as an Unmarried Father in Illinois

Illinois law recognizes a distinction between a married father and an unmarried father. If you are married to the mother of your child when the child is born, the law automatically presumes that you are the child’s legal father, which makes the process of establishing your legal rights much simpler. However, unmarried fathers must take additional steps to exercise their rights.

The most direct way to establish paternity as an unmarried father is to complete a Voluntary Acknowledgement of Paternity (VAP). Both you and your child’s mother will sign the VAP form, agreeing that you are the child’s biological father and establishing paternity without going through the court system. When this is not a viable option, you can request a paternity test or file a lawsuit, allowing the court to order DNA testing. Once paternity is verified, it opens many legal doors, including your ability to seek custody, known as parental responsibilities in Illinois.

Parental Responsibilities for Unmarried Fathers in Illinois

As an unmarried father with established paternity, you can pursue legal parental responsibilities, which include the right to make decisions for your child and have visitation.

Decision-Making Rights

Parental responsibilities include the right to make decisions about all major aspects of your child’s well-being, including education, religious upbringing, healthcare, and extracurriculars. If you go through the court system to obtain this right, the court will make a decision based on what is best for the child by assessing certain factors, including:

• The child’s physical, mental, and emotional needs

• Where each parent resides

• How involved each parent has been in decision-making so far

• Whether there is any history of neglect or abuse

Every case has unique circumstances that are accounted for when assessing a case for the allocation of parental responsibilities. If you have questions about your rights, your attorney can explain.

Parenting Time

Once paternity is established, you also have the right to pursue parenting time, also known as visitation. Parenting time is also granted based on what is best for the child, and the court will often consider the child’s wishes, especially if they are older. The judge will also look at your overall relationship with the child and your commitment to having an active role in their life. Final decisions regarding the allocation of parental responsibilities will also play a role in determining whether either parent will need to pay child support.

Contact an Oakbrook Terrace, IL Fathers’ Rights Attorney Today

At Farooqi & Husain Law Office, we have a deep understanding of the issues that fathers face in custody disputes. Our DuPage County, IL fathers’ rights lawyers offer aggressive representation and compassionate support as we navigate the sensitive issues related to family law and parenting. Call 630-909-9114 to schedule an initial meeting. We will evaluate the legal matters related to your case and guide you to the next step.