Illinois Child Custody Laws for Unmarried Parents

 Posted on May 12, 2026 in Child Custody

If you and your child's other parent never got married and have decided to break up, you’re in good company. Every year, many children in Illinois are born to unmarried parents. Although this is a normal and common situation, it does introduce difficult questions that come up when those relationships end. 

The good news is that Illinois law is designed to protect your child's best interests no matter what your relationship with the other parent looks like. Even if you don’t get along with your child’s other parent, you can ask for the court to establish the following: 

• Paternity

• Parenting time (visitation)

• The authority to make important decisions for your child (custody)

• Child support

Our Aurora, IL family law attorneys can help you with every part of these legal processes, even in a tough breakup. 

What Happens When Unmarried Parents in Illinois Separate?

When a married couple divorces in Illinois, the court already recognizes both spouses as legal parents, so the court has clear authority to divide up parenting responsibilities. Unmarried parents do not have that same automatic starting point. Before custody or parenting time can be decided, the legal relationship between the father and the child usually has to be proven first.

This is called establishing paternity, and in Illinois it is the foundation of a father’s relationship to his child. Without legal paternity, a father has no enforceable right to parenting time or decision-making authority, and a mother cannot pursue child support through the courts – even if they have been living together for years. Proving paternity of a child is a step that protects everyone involved, especially the child.

It is also worth knowing that simply putting a father's name on a birth certificate does not automatically establish legal parentage in Illinois if the parents are unmarried. There are other steps required under state law.

How Do You Get Paternity in Illinois?

Illinois law provides three main ways to establish paternity for unmarried parents:

Voluntary Acknowledgment of Parentage 

The first is a Voluntary Acknowledgment of Parentage, sometimes called a VAP. This is a legally binding document that both parents sign to confirm who the child's mother and father are. It can be signed at the hospital when the child is born or at a later time. Once signed and filed, it creates a legal presumption of parentage without requiring a DNA test. Illinois law 750 ILCS 46/301 protects parental rights after a VAP has been signed. 

Court Order of Paternity

The second option is going through the court system. Either parent can file a petition asking the court to determine parentage. This process often involves DNA testing, especially when there is a dispute about whether a man is a child’s father. It is a more formal process and should be done with the help of a lawyer.

IDHFS Administrative Order

The third option is a hearing through the Illinois Department of Healthcare and Family Services. This process is more about establishing paternity for child support, so it does not include decisions about custody or parenting time. It can be a useful starting point in some situations, but it is not a complete solution for parents who also need to figure out where their child will live and how parenting responsibilities will be shared.

How Does Illinois Decide Child Custody for Unmarried Parents?

Illinois no longer uses the term child custody in the traditional sense. Under the Illinois Marriage and Dissolution of Marriage Act, the law now refers to "parental responsibilities" and "parenting time." Parental responsibilities cover major decision-making authority over things like education, healthcare, religion, and extracurricular activities. Parenting time refers to the actual schedule of when each parent is with the child.

Before paternity is legally established, the mother may have sole parental responsibilities and parenting time by default. Once paternity is confirmed, the father has the same right as the mother to ask the court for parenting time and decision-making authority. Illinois law is gender-neutral in this area, meaning neither parent starts with an advantage simply because of their sex.

Best Interests of the Child Standard 

The court decides all parenting issues based on what is in the best interest of the child. Under 750 ILCS 5/602.7, the factors a court considers include:

• What the parents want and why

• What the child wants, if he or she is old enough to have and share an opinion

• What the parents’ previous relationship with the child looks like 

• Each parent's ability to cooperate with the other and support the child's relationship with the other parent 

• The child's adjustment to their home, school, and community 

• The mental and physical health of everyone involved 

• Any history of domestic violence or abuse

Parents usually negotiate an agreement with the help of their lawyers or a mediator. When parents can reach an agreement outside of court, it generally leads to a better outcome than having a judge step in. That being said, when parents cannot agree, the court will make those decisions.

How Do Unmarried Parents Get Child Support in Illinois?

Child support is handled separately from parenting time and decision-making, but it is closely connected to paternity. Once legal parentage is established, either parent can ask for child support through the court or through the Department of Healthcare and Family Services. Illinois uses an income shares model to calculate support, which uses both parents' incomes and the amount of time the child spends with each parent to decide whether and how much one parent should pay.

Child support orders entered through the court are legally enforceable. Not paying can lead to serious consequences including wage garnishment, license suspension, and contempt of court.

Can Unmarried Parents Create Their Own Parenting Agreement?

Parents who can communicate and work together on a parenting plan can submit that agreement to the court for approval. As long as the plan serves the child's best interests, courts will generally honor what the parents have worked out. A family law attorney can help you draft a parenting plan that covers parenting time, decision-making, holidays, travel, and other important details.

Call a Kane County Child Custody Attorney Today

If you are an unmarried parent in Illinois, the law gives you rights and you do not have to figure out how to protect them on your own. An Aurora family law attorney at The Law Office of Matthew M. Williams, P.C. can help you establish paternity, set up a parenting plan, petition for child support, or do whatever else you need to do to have a great relationship with your child. Call 630-409-8184 today for a free consultation.