If Both Parents Are on the Birth Certificate, Who Gets Custody? 

 Posted on October 30, 2025 in Child Custody

When a child is born in Illinois and both parents are listed on the birth certificate, many people assume that means they automatically share equal custody rights. While this may seem logical, reality is more complicated. The birth certificate confirms who a child’s parents are, but it does not say anything about custody or visitation.

Child custody (officially known as "the allocation of parental responsibilities" in Illinois) is decided either by agreement between the parents or by a court order. If you and the other parent cannot agree on custody, the court will step in and make decisions for you.

Having a top-rated and highly experienced DuPage County custody lawyer is the best thing you can do for your case. At Law Office of Ronald L. Hendrix, P.C., we know how to manage tough custody cases. Call us at 630-355-7776 today.

What Does Having Your Name on the Birth Certificate Do?

Being listed on a child’s birth certificate says someone is officially a parent. This means you are recognized by the government as the child’s legal parent. Both mothers and fathers can be listed on a birth certificate. This recognition gives each parent certain rights and responsibilities, like the duty to support the child financially and the right to seek custody or visitation.

The biological mother’s name is always on the birth certificate. If the parents are married when the child is born, the husband is also listed on the birth certificate. For unmarried parents, paternity must be legally established before the father’s rights are recognized. This can be done in one of two ways. The first is to sign a Voluntary Acknowledgment of Paternity (VAP) form. The second is a court order of paternity, usually using DNA testing.

Once paternity is established, the father’s name can be added to the birth certificate. However, this does not mean that both parents automatically have equal decision-making authority or parenting time.

What Happens with Custody if Parents Are Not Married?

When unmarried parents are both on the birth certificate, the mother has sole custody by default until a court order says otherwise. This means that while the father has the right to ask for custody and visitation, he must ask the court to have those rights put into a parenting plan. Without a court order, the mother controls all major decisions about the child.

How Do Courts Decide Custody When Both Parents Are on the Birth Certificate?

When both parents have legal parentage but disagree about custody or parenting time, the court steps in to decide based on what would serve the child’s best interests. Judges consider a wide range of factors, including:

• The child’s needs, including emotional, educational, and physical health

• What the parents want

• How well the parents cooperate

• Each parent’s involvement in the child’s life up to this point

• The child’s relationship with siblings and extended family

• The stability of each parent’s home environment

• Any history of abuse, neglect, or substance use

The court’s goal is to create a custody arrangement that allows the child to have good relationships with both parents whenever possible.

What Rights Does a Father Have If He Is on the Birth Certificate?

For fathers, being listed on the birth certificate is the first step toward parental rights. However, to get custody or parenting time, the father must take additional steps to get a formal parenting plan in a court order.

Once paternity is legally recognized and a parenting plan is approved, fathers have the same rights as mothers under Illinois law. This could include the right to make decisions about the child’s upbringing and to spend regular time with the child. The details of every parenting plan are a little different. Courts are supposed to work with parents equally. Some judges are still biased, but the law has no automatic preference for mothers.

How Can Unmarried Parents Avoid Custody Disputes?

The best way to avoid conflict is by writing a strong parenting plan. This is a written agreement that outlines how parents will share responsibilities and time. It must be approved by the court to become legally binding.

A good parenting plan needs to address many things. Most importantly, it will say who makes important decisions for the child regarding education, health care, religion, and activities. It will set out the parenting time (visitation) schedule, including for holidays and weekends. Parents can decide how they will communicate with each other and include those guidelines in the parenting plan, including what to do when issues arise in the future. When parents can agree on these details, the process is much smoother.

What Happens if Parents Cannot Agree?

If parents cannot reach an agreement, the court will hold a hearing. In some cases, the court will appoint a guardian ad litem (GAL) or child representative to investigate the best options for the child.

The court may also order a custody evaluation by a psychologist or social worker to assess each parent’s fitness. These evaluations can take several months and involve interviews, home visits, and reports submitted to the judge.

While this process can feel stressful, it allows the court to make decisions based on facts rather than emotions or accusations.

Should I Talk to a Custody Lawyer?

If you and your child’s other parent are fighting about how to manage custody and visitation, a good custody lawyer can help. Lawyers can do several things to help with your case, including:

• Helping you understand how Illinois custody laws apply to your situation

• Filing petitions to establish or modify parental responsibilities

• Negotiating a parenting plan that protects your rights and your child’s well-being

• Representing you in court

With over 30 years of experience handling child custody cases in DuPage County, our attorneys at Law Office of Ronald L. Hendrix, P.C. know how to handle the most difficult situations. We can guide you through the legal process, explain your options, and build a strategy that supports your goals.

Call a Naperville, IL Child Custody Attorney Today

When both parents are listed on a birth certificate, custody must be set up through an agreement or a court order. The experienced DuPage County, IL custody attorneys at Law Office of Ronald L. Hendrix, P.C. can help you protect your parental rights and your child’s best interests.

Our firm has over 30 years of experience handling family law matters. We offer free consultations. Call Law Office of Ronald L. Hendrix, P.C. at 630-355-7776 to schedule your consultation today.