Understanding Your Parenting Rights in Illinois 

 Posted on March 23, 2022 in Chicago divorce attorney

In Illinois, the state focuses on ensuring that both parents of a child have protected legal rights. It is often assumed that mothers have most parenting rights over their children, but this is not always the case. The state assumes that both parents are adequately caring for their child, and so there are legal protections in place to ensure both parents have equal rights when it comes to parenting. If a couple decides to divorce during a marriage, both the mother and father have legal rights to custody, visitation, and parental decisions. In exceptional circumstances, parents can have their legal rights taken from them.

What Type of Parenting Rights are Protected?

Suppose custody is established, and that parent has not expressed an inability or disinterest in caring for that child. In that case, the parent has legal parenting rights. Typically, these rights are exercised during a divorce, separation, or a significant life-changing decision. The parental rights that are protected in the state of Illinois include:

• The right to visitation with your child

• The right to establish child custody

• The right to allocate decision-making authority between you and your spouse

The only circumstance where a fit parent may not be awarded parenting rights is if that parent hasn’t established paternity. If an unmarried father wants to exercise his legal rights to parent, he must first establish paternity within the state.

How to Establish Paternal Rights?

Unmarried fathers seeking to establish paternity and gain access to their parental rights can do so through the Illinois VAP, or Voluntary Acknowledgement of Paternity. The VAP is a document where the father can voluntarily declare paternity. Fathers also have the option to establish paternity through a court order of paternity. Parents can find a Voluntary Acknowledgement of Paternity forms at most government locations, including hospitals, a child custody office, your local DCSS website, a county clerk’s office, or a state registrar’s office.

Speak to a Kane County Family Law Attorney Today

At the The Law Office of Matthew M. Williams, P.C., our experienced Kane County parenting rights lawyer has the tools to help you in your journey to establish your parental rights. Attorney Matthew M. Williams has years of training and experience dealing with divorce, family, and child custody legal issues. If you would like to learn more about exercising your parental rights or establishing your parental rights as a father, contact our office today by calling 630-409-8184.

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000460HArt%2E+6&ActID=3638&ChapterID=59&SeqStart=4300000&SeqEnd=6600000