Equal treatment is essential when it comes to American law. Married and unmarried parents both have the same parental rights and obligations. When people have children while unwed, things can become complicated if they decide to end their relationship. Enforcing these rights and responsibilities can add to the situation's complexity. No matter the case, Illinois laws are made to look out for the child's best interest.
What Happens When Unmarried Parents Decide to Part Ways?
Unmarried couples typically live under agreements in which they decide upon themselves. If they choose to part ways, then they must establish paternity. Similarly, they should also decide on child custody and support issues. Unmarried couples do not have the same rights as married couples. When married couples get divorced, their marital property is equitably distributed between them. However, being unmarried means that these couples will need to decide what is ultimately in the best interest of not only themselves but their child.
Legal Custody
When unmarried parents decide to end their relationship, the child's mother may automatically have sole legal and physical custody of the child depending on what steps have been taken prior to the breakup by the parents. This allows the mother to be in charge of making the crucial decisions surrounding their child’s welfare. A mother with sole legal and physical custody of a child is in charge of the following:
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