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.
Protecting fathers' rights in Illinois
In Illinois, a putative father is a man who believes that he has fathered a child but who was not married to the child's mother when it was born. To preserve his parental rights in this situation, a man who believes that he is the legal father of a child must first register with the Illinois Putative Father Registry. This must be done within 30 days of the child's birth and may be done prior to the child being born.
Overview of paternity and why it is important
When a child is conceived and born while a woman is married, Illinois law presumes that her spouse is the paternal father. However, if the woman is not married, the man is the alleged father and has to legally establish paternity. This can be done in three ways in Illinois. The woman and man can sign a Voluntary Acknowledgment of Paternity, Child Support Services can enter an administrative order or a judge can submit an Order of Paternity.
Rights of fathers in custody cases
Illinois parents who are going through a divorce may not know that the attitude of courts has shifted in recent decades toward increased fathers' rights. While some high-profile cases have appeared in the news of celebrities who are not married to the mothers of their children fighting for custody, in cases where the parents are married to one another, consideration tends to be given to the more stable parent and the best interests of the child regardless of gender.
Actor trying to gain custody of 4-year-old son
Illinois fans of actor Jason Patric may have heard that he is involved in a dispute over custody of his 4-year-old son. Patric was attempting to obtain joint custody, but the Los Angeles Superior Court denied his claim because the child was born through artificial insemination and he is considered to be a sperm donor. Furthermore, the court found that he and the child's mother had no agreement that he would be involved in the child's upbringing.
Benefiting from the Putative Father Registry
Many unwed fathers may not be sure how to assert their rights when caught in disagreements with a child's mother over custody or adoption issues. However, a majority of state governments, including Illinois, allow a potential father to sign into a state-wide registry, which gives the men legal standing concerning a child born out of wedlock. The databases, known as Putative Father Registries, have operated since the 1970s.
Adoption law updates
Expectant fathers in Illinois may be interested in the recent changes to adoption laws in Utah. The new law gives more consideration to birth fathers when a woman wants to put her baby up for adoption. Utah is well-known for its adoption laws that favor birth mothers, and lawmakers hope the new restrictions will prevent women from abusing the system.
Changing views on fathers' rights in child custody cases
Fathers in Chicago who are going through a divorce may be concerned about how often they will get to see their children after they separate from their spouses. Traditionally, family law courts have tended to favor mothers as the primary caretakers, giving fathers only weekend and holiday visitation. Lawmakers are beginning to consider whether it might be better for children to spend equal amounts of time with both parents.
Man files suit after son put up for adoption
Families in Chicago and elsewhere may be interested in the recent story of a father whose son was put up for adoption without his knowledge. The father and mother were unmarried and broke up before the birth of the child, but the father alleges that he and the mother remained on friendly terms and that he helped financially support her throughout her pregnancy. However, the mother gave birth to the baby and put him up for adoption on the following day. She told the boy's father a week later.
Falsifying pregnancy can have legal ramifications
Some Illinois residents may have heard about cases involving some women have allegedly faked pregnancy. According to a former prosecutor and criminal defense attorney, such an action is immoral and unethical when it is used "with intent to obtain a benefit or injure or defraud another," in the words of the statute cited by the attorney. In effect, it is a crime to use a false pregnancy for financial gain.
