How Does Child Custody Work in a Civil Union Divorce?

 Posted on August 15, 2024 in Allocation of Parental Responsibilities

Custody determination, which is now known in Illinois as the allocation of parental responsibilities, can be a difficult time for parents going through a divorce. Since the distinctions between a civil union and a marriage can be somewhat fuzzy, parents in a civil union may be concerned about how that might affect their custody determination.

Illinois is one of only a handful of states that currently recognizes civil unions as an alternative to marriage. Since 2011, Illinois has allowed civil unions between two people of either the same or opposite sex who are not related by blood and who are at least 18 years old.  

If you are in a civil union, you may wonder how it could potentially affect custody of your child and what you need to do to prepare. The most important thing you can do is to speak with a knowledgeable St. Charles, IL custody attorney who can help you sort out the details.

What Parental Rights Do Illinois Statutes Give Those in Civil Unions?

Under the Religious Freedom Protection and Civil Union Act, a party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded to spouses.  While this may give you some relief from worrying about how your child custody issue will turn out, there are certain distinctions with civil unions that could affect some parents, particularly same-sex couples.

This is of particular concern when one or both parents are not the biological parents of the child. Consider the following scenario, and you will see how a child custody case could get extremely complicated. Suppose a same-sex couple in an Illinois civil union relationship decided to have a child (before the Obergefell v. Hodges decision).

One of the parents might be the biological parent, while the other may have legally adopted the child. Both parents could have adopted the child, who is then not the biological child of either parent but is covered under adoption. Under the Illinois Parentage Act, a parent-child relationship is established through:

• A voluntary acknowledgment of paternity
• Legal adoption by one or both parents
• A woman who gives birth to a child
• A child is born during the marriage or civil union or within 300 days after it ends.

If you become a parent through any of these avenues, the court will look at your allocation of parental responsibility in the same way they would for a married couple. Parents in a civil union who fit one of the descriptions above have the same benefits, responsibilities, obligations, and protections to their children. If you and your partner are unable to settle on a mutually agreeable Parenting Plan and allocation of parental responsibilities, the judge will do it for you.

If, on the other hand, you gave birth to the child months or years before you entered into a civil union relationship and your partner never legally adopted the child and is not on the birth certificate, the issue becomes more difficult. Even though your partner may have acted as a parent in every way to your child, he or she may have few, if any, parental rights.

Contact a DuPage County, IL Child Custody Lawyer

Determination of custody is generally an emotional issue for parents and children. Attorney Matthew M. Williams focuses on mediation and collaborative divorce when possible, to make these issues less contentious and ensure that the best interests of the child are met. When you choose The Law Office of Matthew M. Williams, P.C., you will receive a sincere commitment to amicable, effective, and affordable solutions with the goal of the best possible outcome for all those involved. Call a Batavia, IL child custody attorney from The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule an appointment.