Handling issues of child custody is tricky under the best of circumstances, but unmarried parents can present additional challenges. In the state of Illinois, if you are not married to the other parent of your child, then you must establish paternity if you are a father hoping to get parental rights for a child. A knowledgeable attorney can help you navigate this difficult process.
Does Signing the Birth Certificate of Your Child Establish Paternity?
If a couple is married and has a baby, the man is assumed to be the child’s legal father. If a couple is unmarried, however, both parents must complete a Voluntary Acknowledgement of Paternity (VAP) form. If one parent cannot or will not sign the VAP, then it will be necessary to try to establish paternity through a court order or through an administrative order from the Illinois Department of Healthcare and Family Services (HFS).
Who Has Legal Custody of a Child in Illinois?
Creating a parenting plan that includes parental responsibilities (formerly known as custody) and parenting time (formerly known as visitation) can only be done after establishing paternity. One or both parents will need to submit a parenting plan to the family court system to have it approved by a judge and made enforceable in the future.
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