Child Custody for Unmarried Parents in Illinois

 Posted on September 11, 2025 in Child Custody

While marriage creates automatic rights and responsibilities when it comes to children, unmarried parents have a unique set of matters to think about when it comes to issues like custody, child support, and visitation. In Illinois, these issues are managed by the Illinois Marriage and Dissolution of Marriage Act, even if you were never married to your child’s other parent. The first step towards dealing with child custody is to understand what the law says and what that means for you.

Although people still use the terms "custody" and "visitation," Illinois law recognizes child custody under the updated terms of "parental responsibilities" and "parenting time." These terms describe what you, as a parent, need to do for your child together with your child’s other parent.

You can get all the guidance you need with child custody, visitation, paternity, and any other family law issue from our Wheaton child custody attorneys at The Stogsdill Law Firm, P.C.. We work with families from all walks of life and are ready to help you.

Do Unmarried Parents Have the Same Custody Rights as Married Parents?

The short answer is yes, but only after parentage, or paternity, has been legally established. Illinois law treats custody disputes between unmarried parents under the same framework as divorcing spouses. However, while a married couple is presumed to be the legal parents of any child born during the marriage, an unmarried father has no automatic legal rights unless parentage is established.

For unmarried mothers, legal rights to a child are automatic at birth. Fathers, on the other hand, must either be listed on the birth certificate through a Voluntary Acknowledgement of Paternity (VAP) form or have paternity established through the court or the Illinois Department of Healthcare and Family Services. Without this step, the father cannot petition for parenting time or decision-making responsibilities.

What Does "Parental Responsibilities" Mean in Illinois?

Illinois no longer uses the word "custody" in its law. Instead, it divides parental responsibilities into two major categories:

• Parenting time: The schedule that dictates when the child spends time with each parent.

• Significant decision-making responsibilities: Authority over major issues such as education, medical care, extracurricular activities, and religious upbringing.

The court may decide that parents should share these responsibilities or grant one parent primary authority, depending on what is in the child’s best interests standard, as defined in 750 ILCS 5/602.5. This standard requires the judge to consider many factors, including the child’s needs, the parents’ ability to cooperate, and each parent’s willingness to encourage a strong relationship between the child and the other parent.

How Do Courts Handle Custody Cases for Unmarried Parents?

Child custody cases for unmarried parents follow the same procedures as those involving divorcing couples. Once parentage is established, either parent may file a petition asking the court to allocate parental responsibilities. The process typically involves mediation if parents cannot agree. Judges strongly encourage parents to create a parenting plan together, as this reduces conflict.

If parents cannot reach an agreement, the judge will decide based on the evidence presented. Judges take into account each parent’s living situation, work schedule, history of caregiving, and ability to cooperate. A Guardian ad Litem (GAL) may be appointed to represent the child’s best interests if there are serious questions about each parent’s claims or ability to care for the child.

What Challenges Do Unmarried Parents Commonly Face When Setting Up Custody Arrangements?

Unmarried parents may encounter issues that married couples typically do not face. Some of the most common challenges include:

• Establishing paternity: Without this step, the father has no enforceable parental rights.

• Child support disputes: One parent may seek financial support before custody arrangements are formally established.

• Perception of parental roles: Courts examine caregiving history, which can be complicated when one parent has had limited involvement before the legal process begins.

• Extended family conflicts: Grandparents or other relatives may become involved if one parent has relied heavily on them for childcare.

These issues can become emotionally charged and legally complex, which is why parents often benefit from working with experienced child custody attorneys who can guide them through the process.

Can Parenting Plans Be Changed?

Once a parenting plan is approved by the court, it is enforceable until the child turns 18, but circumstances often change. Under 750 ILCS 5/610.5, changing a custody order is allowed if at least two years have passed since the order was entered, or earlier if there has been a substantial change in circumstances that affects the child’s best interests. Some examples of scenarios that may justify a modification include a change in employment, relocation, or concerns about a child’s well-being.

In DuPage County, modification requests must be filed with the same court that issued the original order. Parents are encouraged to work out agreements before asking a judge to intervene, but when that is not possible, the court will set the arrangement.

What Happens if a Parent Does Not Follow a Custody Order?

When one parent does not follow the court-approved parenting plan, the other parent can file a petition for enforcement. Judges can use sanctions ranging from make-up parenting time to fines or even jail time in extreme cases. But parents should never take matters into their own hands by withholding child support or denying visitation in retaliation.

How Do Courts Decide Child Support for Unmarried Parents?

Child support is calculated the same way for unmarried parents as it is for married parents going through divorce. Illinois uses an income-shares model, which considers the income of both parents and the amount of parenting time each parent has. Each parent is responsible for providing for their child, so courts use a standard formula to calculate payments depending on how much each parent earns and how many nights the child spends with each parent.

Contact a Wheaton, IL Child Custody Lawyer

If you are an unmarried parent with questions about child custody, parental responsibilities, or child support, you do not have to figure out the answers on your own. One of our DuPage County, IL child custody attorneys at The Stogsdill Law Firm, P.C. can help you establish paternity if necessary, create a parenting plan, and protect your rights as the mother or father of your child. With over 110 years of combined legal experience, our firm has the knowledge and resources to guide you through even the most difficult custody disputes. Call 630-462-9500 to schedule a consultation today.