Cook County Custody & Visitation Law Blog

According to Illinois law, if an unmarried couple has a child together, the father will not have any legal rights regarding custody or visitation unless he establishes paternity. The mother will also not be able to obtain child support payments unless the father's paternity has been established. A man who believes himself to be the father of a child may register with the Putative Father Registry either before or within 30 days of a child's birth.

A father or mother can request a DNA test to establish paternity. A judge may also order a man to take a paternity test. Following that, the parents could try to work out a custody agreement that takes into account the best needs of the child. If either parent receives full physical custody, they can arrange a visitation schedule. The mother is not obligated to allow the father visitation until paternity is established.

Most people in Illinois think custody only refers to where a child will live most of the time. Legally, however, custody also refers to the ability of one or both parents to make important decisions for the child in such areas as medical, educational, counseling and religious choices. This decision-making ability is referred to as legal custody.

Legal custody can either be awarded jointly or solely. If a child's parents are able to get along reasonably for the benefit of the child, joint custody will often be granted. In high-conflict situations when parents are unable to work together or communicate, courts will award one parent sole custody, giving that parent the ability to make all of the important decisions for the child without consulting with the other.

When determining child support in Illinois, the best interest of the child is the court's top priority. Factors that are considered when creating a support order include the financial resources and needs of the child and the custodial parent. The physical and emotional needs of the child will also be considered when making a support order. Finally, the financial circumstances of the non-custodial parent will be also taken into consideration.

This does not mean that those are the only factors that may come into play. A court may use any reasonable basis to protect the best interest of a child when making a child support order. The net income of a parent is determined by accounting for any money that a parent made in the past year. Federal and state taxes are deducted from that amount while union dues or mandatory retirement contributions are also deducted. Insurance premiums and other support payments will also reduce the net income of a parent.

The determination of the amount of child support depends, in Illinois, on the number of children involved and the income of the parent. Payment amounts are determined on a case-by-case basis, largely at the discretion of the judge. Typically, though, judges look to the statutory guidelines.

Depending on the terms of the court order, the non-custodial parent must pay child support until the child turns 18 or until the child is emancipated. Emancipation may occur if the child becomes a member of the military or otherwise gains employment and thus no longer requires financial support, or if the child is married or moves out on his or her own and desires independence. Until the occurrence of one of these events, the child has the legal right to support from both parents. The Illinois support guidelines call for an increasing percentage of the parent's net income as the number of children involved increases. For example, the guidelines call for a parent to pay 20 percent of net income in support of one child and 28 percent of the parent's net income for two. For six or more children, the suggested amount is 50 percent of the parent's net income.