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Custody Without Marriage

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Custody Without Marriage in Chicago

At WARD FAMILY LAW, LLC, we understand that unmarried parents face unique challenges when it comes to determining the best arrangements for their children. Our firm provides professional and informed guidance to help you understand your rights and responsibilities under Illinois law.

What is Child Custody Without Marriage?

In Illinois, child custody is addressed in terms of an allocation of parental responsibilities. This allocation determines the legal and physical arrangements for the care, maintenance, and control of a minor child whose parents are not married. This situation requires navigating specific legal frameworks to ensure the child’s well-being is prioritized.

Illinois Laws for Unmarried Parents

Allocation of Parental Responsibilities

The allocation of parental responsibilities encompasses two main components:

  1. Decision-Making Responsibilities: This aspect covers who has the authority to make significant decisions about the child’s education, healthcare, religious upbringing, and extracurricular activities.
  2. Parenting Time: This refers to the schedule that determines when each parent spends time with the child, ensuring that the child maintains a meaningful relationship with both parents.

Important Factors Considered by the Court

When determining the allocation of parental responsibilities, Illinois courts consider various factors to ensure the arrangement serves the child’s best interests. Here are some key considerations:

The Child’s Best Interests

The primary goal is always to serve the child’s best interests, encompassing their physical, emotional, and psychological well-being. Courts evaluate these factors meticulously to ensure a stable and supportive environment for the child.

Parents’ Ability to Care for the Child

The court assesses each parent’s ability to provide a loving, stable, and nurturing environment. This includes evaluating their mental and physical health, living conditions, and overall capability to meet the child’s needs.

Child’s Relationships with Each Parent

The existing relationships and bonds between the child and each parent are crucial in determining the allocation of parental responsibilities. Courts look at the history of caregiving, the child’s attachment to each parent, and the parent’s willingness to support the child’s relationship with the other parent.

Specific Implications for Unmarried Parents

If you are an unmarried parent, it is important to understand that the legal process for determining an allocation judgment may be different from that of married parents. Here are some key implications to keep in mind:

  • Paternity: Establishing paternity is a crucial first step for unmarried fathers seeking parental rights and responsibilities.
  • Parentage Case: Unmarried parents must initiate a parentage case to establish legal parentage and address issues such as child support and parenting time.
  • Child Support: Both parents have a legal responsibility to financially support their child, regardless of their marital status.
  • Modification of Parental Responsibilities: Just like married parents, unmarried parents can seek modifications to the allocation of parental responsibilities if significant changes occur in their circumstances.

Partnering with an Experienced Family Law Attorney

At WARD FAMILY LAW, LLC, we understand that navigating the allocation of parental responsibilities without marriage can be complex and emotionally challenging. Our team provides compassionate and knowledgeable legal counsel to help you make informed decisions about your child’s future.

Why Choose WARD FAMILY LAW, LLC?

At WARD FAMILY LAW, LLC, our nearly 20 years of experience in family law allow us to offer comprehensive advocacy, negotiation, mediation, and litigation services. We are passionate about ensuring a fair and just outcome for all our clients. Our knowledge of Illinois family law helps us navigate complex legalities and advocate effectively for your and your child’s best interests.

For more information or to schedule a consultation, please contact us.

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