CUSTODIAL RIGHTS AND CHILD SUPPORT RIGHTS FOR UNMARRIED PARENTS
It is important for unmarried parents to understand when they have a right to see their child and what financial support they are required to provide for their child. If neither parent has yet filed a petition in court asking a court to address the parenting issues, then there is no court order designating when either parent has a right to spend time with the child and those issues will remain undecided. Nor is there any court order specifying that a parent has a right to pay child support. That may not be a problem if the parents are getting along, but it can quickly become a problem if the parents are not getting along. The absence of a court petition usually does not pose any problem if the unmarried parents are residing together with the child or are in an amicable relationship and have worked out an informal parenting arrangement together. However, if there is a dispute between the parents and/or they separate, the need to ascertain the extent of the parenting rights of each parent may become an urgent one. For example, a parent may unilaterally decide to deny the other parent access to the child. A parent may also fail to return a child to the other parent at the agreed time or on the agreed day. Another example would be when a parent who has regularly voluntarily been paying support may suddenly decide to stop the payments. The filing of an appropriate Parentage petition in family court may be necessary to delineate the allocation of parenting time and parental decision-making. It may also be important in certain situations to address the issue of child support in an expeditious fashion to ensure that the child is financially supported by the child’s parents. To address these issues, one of the parents needs to file what is called a Parentage petition.
In the context of determining the parental custodial rights of parents under Illinois law, the law no longer refers to the term “custody.” There is no longer “full custody” or “partial custody” under Illinois law. Instead, the same terms that are now utilized for divorce cases are applied in the context of unmarried parents who have filed a Parentage petition. The consideration of what used to be termed “custody” now involves a consideration of the allocation parenting time and allocation of parental decision-making. A parenting time schedule is a set schedule with days and times that designates when each parent has a right to have time with the child. The parents can still agree informally to follow any parenting schedule, but the parenting schedule is one that the parties can fall back on if there is a dispute. Parental decision-making refers to important decisions such as medical decisions and educational decisions and those responsibilities can be shared by the parents or solely allocated to one parent. Unmarried parents are also obligated to pay child support for their children and there is a statutory recommended amount that is calculated using the same income-sharing model that is used for divorce cases.
Unmarried parents are sometimes able to work together cooperatively and informally regarding their child without any formal court involvement or orders to delineate their parental obligations. However, if that is not the case or the situation changes there can be instances when the filing of a Parenting petition will be necessary and/or beneficial. One benefit of filing a Parentage petition is that you will have an assigned case number and an assigned Judge. If further disputes arise concerning parenting issues, you will be able to seek relief from the Judge on a both a temporary and permanent basis in a more expeditious fashion. Another benefit is that the Court will put the parenting terms in court order, which will make the terms binding on the parties and the parties can seek to enforce the terms if necessary. A parent will also have a court order to show to the appropriate authorities that states when that parent has a right to see the child or when the other parent does not have a right to see the child. The filing of a Parentage petition will also allow the parties to have the issue of child support addressed on a temporary and permanent basis.
Considering when and if a Parentage Petition is a good option for unmarried parents is an important decision and should be made only have carefully considering current Illinois law and the parties’ current concerns and needs. If unmarried parents are able to work together amicably, court involvement may not be needed, but if disputes arise it may be necessary to seek judicial intervention.
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