How Is Child Custody Handled if You Are Not Married?

 Posted on July 07, 2026 in Child Custody

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 DuPage County, IL child custody attorney can help you navigate this difficult process.

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.

A parenting plan should include: 

• When the child will be with each parent and how the child will be transported between parents’ residences
• Which parent is responsible for making certain important decisions (or how parents will share the decision-making process)
• What parents will do if they disagree or want to modify the parenting plan 
• What parents want to do about the right of first refusal 
• How each parent accesses the child's information and records, such as medical records and school grades 

Until paternity is established and parents have a court-ordered parenting plan, a mother has full custody of a child.

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).

What Happens with Custody When Paternity Is Disputed?

Not every paternity situation is straightforward. A mother may dispute that a man is the father, or a man may dispute that he is the biological parent of a child. When there are questions about a child’s paternity, either parent, plus the Illinois Department of Healthcare and Family Services, can ask for a court order for genetic testing.

Under the Illinois Parentage Act of 2015 (750 ILCS 46), a court can order DNA testing when no man voluntarily says he is the father. The court can do the same when an existing acknowledgment is challenged. DNA testing in these cases is highly accurate.

If the test confirms paternity, the court will enter an order saying the man is the legal father, which then opens the door to parenting time, parental responsibilities, and child support.

Challenging a Voluntary Acknowledgment of Paternity after it has been signed is not always possible. Under Illinois law, a VAP can only be taken back within 60 days of signing. After that, a VAP can only be challenged in court because of:

• Fraud
• Duress
• Material mistake of fact

The person challenging a VAP bears the burden of proof. This is one reason both parents should be certain before signing. Signing the form has the same legal seriousness as a court order and creates lasting rights and responsibilities for everyone.

How Is Child Support Handled for Unmarried Parents?

Establishing paternity also makes it necessary to financially support a child. In Illinois, both parents are responsible for doing this, regardless of whether they were ever married to each other.

Illinois calculates child support using an "income shares model" under 750 ILCS 5/505. Rather than looking only at the income of the paying parent, the income shares model takes what both parents make. That combined figure is then divided between the parents based on what percentage of the total each parent makes, plus how much time they spend with the child.

Factors that can affect the final child support amount include:

• The number of overnights each parent has with the child
• Each parent's net income from all sources
• The cost of the child's health insurance and which parent pays for it
• Childcare expenses 
• Extra costs, such as special medical needs or tuition

A parent who is awarded fewer overnights will generally pay a larger share of support, while a parent with more parenting time typically pays less or receives payments from the other parent.

Child support orders entered for unmarried parents are done the same way as those for parents who are divorced. Similarly, the consequences for not paying are the same. This can result in wage garnishment, license suspension, and other consequences under Illinois law. If your circumstances change significantly, you can ask the court to change your child support order as well.

What Factors Are Looked At in a Parental Responsibility Case?

In Illinois, regardless of whether the parents are married or not, the child's best interests serve as the driving factor in decisions about parenting responsibility and parenting time. Parents are encouraged to create a parenting plan on their own, and indeed, the vast majority of cases never appear before a judge.

If a case does need to be heard before a judge, the court will take into account many factors as it makes a decision, including: 

• The capacity of each parent to create a secure and loving environment
• The child's relationship with each parent and if the parent can meet the child’s physical, mental, and emotional needs 
• Whether there is a history of any abuse, neglect, or domestic violence 
• The parents’ willingness to work together and co-parent effectively
• The preferences of the child, if age-appropriate 
• Where and with whom the child has lived in the past and whether the existing arrangement works well for the child 

Contact a Naperville, IL Child Custody Attorney for Help

It can be challenging to navigate parental responsibility and parenting time when you and your ex-partner were never married. Fortunately, the legal system and both parents can work together to ensure the child's best interests are upheld. If you need help drafting a valid parenting plan or petitioning for parenting time, then the service of a DuPage County, IL child custody attorney will be invaluable to you. Our experienced attorneys at the Law Office of Ronald L. Hendrix, P.C. can guide you through the entire process. Call us at 630-355-7776 for a free consultation.