What Unmarried Parents Need to Know About Child Custody Issues

 Posted on July 13, 2024 in Child Custody

Raising a child can be challenging for any couple. When parents are married or living together in a committed relationship, they can work together to meet their child’s needs, dividing household responsibilities, sharing various expenses, and handling day-to-day child care. When parents break up, they may no longer be in a romantic relationship, but they must still share the responsibilities of raising their children. When parents are married, they can address child custody issues during the divorce process, but unmarried parents may encounter some unique legal concerns as they determine how to share custody of their children.

Understanding the legal aspects of child custody is crucial following the breakup of an unmarried couple with children. Parents must take steps to protect their rights and determine what solutions will provide for their children’s best interests. An experienced attorney can help parents address these complex legal matters. At Weiss-Kunz & Oliver, LLC, we provide our clients with dedicated legal representation to ensure that they understand their rights and their options for resolving disputes. Our goal is to help our clients create legally valid parenting agreements that will provide for their children’s needs for years to come.

Establishing Paternity: The Foundation for Parental Rights

Before unmarried parents can resolve child custody issues, it is essential to establish paternity. Even if a couple was in a committed relationship when their child was born, the father may not be recognized as the child’s legal parent until paternity is established. Until there is a legal relationship between the father and child, he does not have a right to child custody following the end of the parent’s relationship.

Paternity can be confirmed voluntarily when both parents sign an acknowledgment of paternity or through a court order following genetic testing. Establishing paternity is vital because it ensures that both parents will have legal rights and responsibilities toward their child. Without legal paternity, fathers may not have the right to seek custody or visitation, and mothers may face challenges in obtaining child support.

Options for Establishing Paternity

There are two primary methods for establishing paternity:

• Voluntary Acknowledgment of Paternity (VAP): At any time after a child’s birth parents can use a legal form to recognize a parent/child relationship. In many cases, this form is signed at the hospital where a child is born, but it may also be completed at a later date. A couple can obtain a VAP form at their local courthouse or other government facilities, and signatures by both parties will acknowledge the identity of the child’s father. This is the most straightforward, cost-effective method of establishing paternity, and it is used if there are no disputes about whether a man is the father of a child.

• Establishing paternity through a court order: If parents cannot agree to voluntarily acknowledge paternity, either parent can file a petition in family court to establish paternity. In these cases, courts typically order genetic testing to establish a biological link between the child and the father. These tests involve a simple cheek swab from the mother, the alleged father, and the child. The results are usually available within a few weeks. If a DNA test confirms that the man is the child’s biological father, the court will issue an order establishing paternity. This method of establishing paternity provides certainty about parent/child relationships, and it can also ensure that legal issues related to child custody will be addressed correctly.

Benefits of Establishing Paternity

The recognition of a legal relationship between a parent and child provides numerous benefits for all parties involved in a case. Paternity can provide a child with a sense of identity and belonging, giving them an understanding of their roots and ensuring that they can maintain a relationship with their father. The child is also entitled to financial support from both parents, which can improve their quality of life and ensure that they have access to necessary resources.

Additional benefits for the child include the ability to receive health insurance coverage through either parent, ensuring that they will have access to necessary medical care. The child will gain the right to inherit from the father, which can provide them with financial security in the future. They will also be eligible for Social Security benefits through both parents, which can provide them with financial resources if either parent becomes disabled or passes away. Access to the father's medical history can also be crucial for identifying and managing potential health issues that may affect the child throughout their life.

Both parents can also benefit from the establishment of paternity. The father will be able to protect his parental rights and share in important decisions while spending reasonable amounts of parenting time with the child. The parents will also share responsibility for the child's financial and emotional well-being, and they will be encouraged to cooperate in raising the child and providing for their ongoing needs.

Key Child Custody Issues to Address

When unmarried parents separate, they need to address multiple issues related to child custody. Addressing these concerns correctly ensures that both parents can maintain a meaningful relationship with their child and that they can share parental responsibilities effectively.

Child custody is generally divided into two areas: legal custody and physical custody. In Illinois, legal custody is known as the allocation of parental responsibilities, and it involves the right to make important decisions about the child's upbringing. These decisions may address educational concerns, such as where a child will attend school, as well as healthcare matters, such as what doctors will provide treatment for a child and what forms of care will be provided to address ongoing health issues. Parents may also make decisions about a child’s religious upbringing and the extracurricular activities they will participate in. Parents can share different aspects of legal custody, or one parent may have sole decision-making responsibility in certain areas.

Physical custody is known as parenting time in Illinois, and it pertains to where the child will live, as well as when they will spend time in the care of each parent. Parents must establish a parenting time schedule that specifies when a child will be with each parent on a regular, daily basis. Holidays, vacations, and other special occasions must also be addressed to ensure that the child will be able to spend reasonable amounts of time with both parents.

Creating a Comprehensive Parenting Plan

The decisions made about child custody are set down in a legal document known as a parenting plan. A detailed parenting plan serves as a roadmap for co-parenting, outlining each parent's responsibilities and ensuring the child's needs are met at all times. A well-crafted parenting plan can minimize conflicts and help a family maintain stability. It can also ensure that parents maintain a focus on protecting their child's best interests. The key issues that must be addressed in a comprehensive parenting plan include:

• Parenting time schedule: All parties should fully understand when the child will be with each parent. This schedule should be detailed, providing information about the child’s day-to-day routine, including weekdays and weekends. A holiday schedule should also be included, detailing where the child will spend major holidays and special occasions, such as birthdays, religious holidays, and family events. A vacation schedule can also provide guidelines for school breaks, summer vacations, and other extended time off from school.

• Transportation and exchange logistics: Details about how and where the child will be exchanged between parents should be clearly defined. The parenting plan should specify when each parent will be responsible for transporting the child to or from the other parent's home. If necessary, safe and neutral locations may be specified for exchanging the child, such as at a parent's home, the child’s school, or a halfway point. Specific times for exchanges may be defined, and the plan should emphasize the importance of punctuality to minimize disruptions to the child's routine.

• Decision-making responsibilities: The parenting plan should address how parents will make important decisions regarding the child's upbringing. Educational decisions may be related to the choice of schools and the forms of academic support that may be provided. Healthcare decisions may be related to the child's medical and dental care, including routine check-ups, emergency care, and mental health services. A parenting plan may also address religious concerns, such as when and where the child will attend church or other services and whether they will receive religious training or education.

• Communication guidelines: Effective communication between parents is vital for successful co-parenting. The parenting plan may identify preferred methods for communicating, such as phone calls, text messages, emails, or a co-parenting app. It may set expectations for when and how often parents will communicate about the child's needs and activities. Rules may also be included for when and how a parent can communicate with the child during the other parent’s parenting time.

• Guidelines for parental conduct: The parenting plan should establish expectations for parental behavior to ensure that the parents can maintain a positive environment for their child at all times. Parents should be encouraged to communicate respectfully and avoid negative or disparaging remarks about each other in front of the child. The parenting plan may also clarify that each parent has a unique and important role in the child's life, emphasizing the importance of supporting each other's relationship with the child. By establishing consistent rules, routines, and discipline across both households, parents can provide stability for the child.

• Conflict resolution: While parents may encounter disagreements, they can make a commitment to resolve issues as amicably as possible while focusing on providing for their child’s best interests. The parenting plan can detail the procedures that will be followed when resolving disagreements, such as using mediation, working with a family counselor, or consulting with a parenting coordinator.

• Flexibility and modifications: While a detailed parenting plan is crucial, it should also allow for flexibility to adapt to changing circumstances. Guidelines may be provided for making temporary changes to the parenting schedule, such as accommodating a parent's need to travel for work or making allowances for children to attend family events. The plan should also outline the process that will be followed if either parent wishes to make permanent changes to child custody. The circumstances that may warrant a modification may be detailed, and instructions may be provided for how these issues will be addressed through mediation or in court.

• Ensuring compliance and accountability: To ensure that the parenting plan will be followed by both parents, provisions may be included for monitoring compliance and addressing potential violations. Parents may be encouraged to keep records of their communication, child-related expenses they have paid, and changes to parenting time schedules. Instructions may be provided to address non-compliance and resolve concerns about issues that may affect the child’s best interests.

Contact Our Elmhurst, IL Child Custody Attorneys

Navigating child custody issues as an unmarried parent can be a complex process. The experienced DuPage County child custody lawyers at Weiss-Kunz & Oliver, LLC help unmarried parents understand their rights and obligations. We will work with you to establish an effective parenting plan to ensure that your child's best interests are protected. Contact us at 312-605-4041 to get legal help with child custody matters and take steps to resolve these legal concerns correctly.