Under Illinois law, if you are the biological parent of a child but do not have parental rights for that child, you may want to consider filing for the allocation of parental responsibilities. If married to the parent with sole guardianship of the child, you are entitled to parental rights. However, if you are not married to this parent, you will have to obtain parental rights from the court and prove that it would be in the child's best interest for you to have parental rights. A judge will consider many things when deciding whether to allow this. A judge will focus most importantly on what is best for the child but will consider the wishes of both parents as well—considering financial and health benefits or disadvantages, as well as if there is any potential for abuse or violence by granting parental responsibilities.

Requirements for Parental Responsibilities During a Divorce

Seeking parenting during a divorce requires parents to attend a parenting class. This class's primary focus is on teaching parents how to avoid hurting their children during their divorce. Both parents must complete this class within two months after being ordered by a judge. Once accomplished, a judge will make the ultimate decision.

Obtaining Parental Responsibilities

Without a court order, the parent with sole custody has every right to deny parenting time to the other parent. The first step in getting a court order will be to file a petition for the allocation of parental responsibilities with the court. This petition must include basic information about both parents and the child and a detailed description of why they are requesting custodial rights. After filing the petition, they must serve it to the parent with sole guardianship and ask the court for a hearing date. At the hearing, they will present their case for requesting parental responsibilities. If the other parent disagrees, they will share why they believe the other parent is undeserving of custodial rights and parenting time. The judge will ultimately decide the decision.

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When a child is born to parents in Illinois, the mother automatically receives her parental rights. The father, however, is a different story if the parents were not married when the child was born. Paternity must be established for a child if the father wants parental rights. This can be done in a variety of ways, though the most common way is for a couple to fill out a voluntary acknowledgment of paternity (VAP) form in the hospital. In some cases, however, a parent may wish to relinquish their parental rights to a child. In other cases, a parent may wish to terminate the other parent’s parental rights. Either way, this can be done under certain circumstances in Illinois.

Proving the Parent to Be Unfit

In order to proceed with petitioning the court to terminate a parent’s parental rights, you must first have proof that the parent is indeed unfit. During the hearing, which is bound to happen, the judge will determine whether or not there is enough evidence pointing toward the parent that would declare him unfit. According to Illinois law, a parent can be considered unfit if:

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For many divorcees who are parents, one of the biggest disappointments they face is how little time they feel they have to spend with their children after all is said and done. In Illinois divorces, both parents must come to an agreement as to how parenting time will be split among the two of them, often leaving at least one parent feeling as if they are lacking. The idea of one parent moving and taking the child with them can be extremely distressing to the other parent, especially if they are concerned about protecting their parenting rights. In this situation, a knowledgeable family law lawyer can help you understand the procedure and rules that must be followed when a parent wants to relocate with a child, as well as how those laws apply to your situation.

When the Other Parent Must Notify You

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there are certain rules that a parent must follow if they are relocating with their child. A parent who has equal parenting time with the other parent or the majority of parenting time can move with the child and must provide notice to the non-moving parent if the move is considered a “relocation.” In Illinois, a move is considered a relocation if the new residence is more than:

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For decades, gay and lesbian couples in the United States have been fighting a long and hard battle for marriage equality. In the late 1990s, the federal government passed the Defense of Marriage Act, which defined marriage as one man and one woman and allowed states not to recognize same-sex marriages that were legally performed in other states under their laws. In 1996, the state of Illinois made it illegal for same-sex partners to marry. However, in 2011, the Religious Freedom Protection and Civil Union Act was passed, which gave both same-sex and opposite-sex couples similar rights and protections to those of married couples.

In 2013, the United States Supreme Court ruled that defining marriage as only being between a man and a woman was unconstitutional. In 2015, the Court also ruled that allowing individual states to not recognize same-sex marriages performed in other states was unconstitutional. This effectively granted same-sex couples the constitutional right to marry and subsequently most states turned domestic partnerships and civil unions into marriages, but Illinois kept civil unions as an option for cohabitating couples. Though civil unions give couples virtually the same rights and protections as married couples, there are a few issues that fall into a legal gray area. One such issue is parental rights within a civil union.

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The structure of the American family is drastically changing. Even though the majority of children are still raised in households with a married mother and father, that number has been decreasing over the years. According to the Pew Research Center, less than half of American children are living with both of their parents in their first marriage. Family structures in the United States have been changing and now include blended families with step-parents and children, parents who cohabitate and LGBT families. According to The Williams Institute, about half of LGBT women and a fifth of LGBT men are raising a child. The Case Recently, an Illinois court ruled that a woman has parental rights to a child that was conceived in her lesbian marriage. The woman’s former wife had sought a sperm donor to carry the child that was to be raised by the both of them. When the child was born, both parents identified themselves as co-parents on the birth certificate but split seven months after the birth. Even though the woman has no biological connection to the child, she was granted parental rights and partial custody of the child by a Winnebago County court. Determining Parentage Under Illinois law, a person is considered to be a parent of a child if the mother of the child and the person entered into a marriage, civil union, or other legal relationship before the birth of the child and the child was born during the time of the relationship. Using this law, the mother seeking parental rights in the case involving her non-biological child had a right to seek custody. Illinois Parental Rights Laws

According to Illinois law, parents can assert rights involving their non-biological child and they can also be held responsible for providing child support payments.  In the state of Illinois, parental responsibility consists of two things - significant decision-making and parenting time. Significant decision-making consists of things such as:

• Education, including the choice of schools and tutors;
• Health, including all decisions pertaining to the medical, dental and psychological well-being of the child;
• Religion;
• Extracurricular activities; and
• Unless an agreement by both parents is submitted that details the allocation of parental responsibilities, the court will determine which responsibilities are allocated to each parent.

Determining Factors

In the event that the parents can not come to an agreement in determining parental responsibilities, the court will determine the responsibilities that each parent is accountable for. When making these determinations, the court looks at these factors:

• The wishes of the child;
• The child’s adjustment to his or her home, school and community;
• The mental and physical health of the child and both parents;
• The ability of the parents to cooperate, or the level of conflict between them;
• The level of each parent’s past participation in parental responsibilities;
• Any prior agreement between the parents involving parental responsibility;
• The wishes of the parents;
• The child’s needs;
• The distance between the parent’s homes, the difficulty of transporting the child to and from the homes, each person’s daily schedules and the parent’s ability to comply with the arrangement;
• The willingness and ability of each parent to encourage and facilitate a relationship between the other parent and the child;
• The likability of abuse by either parent to the child; and
• Whether one of the parents is a sex offender.

Seek Help from an Illinois Parental Rights Lawyer Navigating the court system when you are seeking custody arrangements for your child is difficult and can be confusing. Having an experienced Illinois parental rights lawyer with you can provide a sense of relief and support. The Law Office of Matthew M. Williams, P.C. can help you figure out what is best for you and your child. Call 630-409-8184 to schedule a consultation.

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