Benefits & Consequences: Having a Child without Getting Married

 Posted on May 12, 2014 in Family Law

Women of today have more options than women of earlier generations. It used to be that women who became pregnant out of wedlock had no choice but to marry, or else confront lives of poverty and social isolation. While that unfortunate scenario is the reality for some women, others have found that single motherhood affords more stability than marriage.

Lily’s story is one example. She broke up with her boyfriend Carl while pregnant because she feared he would make caring for their child more difficult. Carl had trouble holding down a job, and Lily decided she could not depend on him. Furthermore, because Lily and Carl were not married when she gave birth, and because his name is not on the birth certificate, he has no legal parenting rights. For Lily, that was the desired outcome. But is that what Carl wanted? What if Carl decides he wants to claim paternity? What rights would Carl, or any putative father, have under Illinois law?

Presuming or Establishing Paternity

Illinois law presumes paternity if:

• The man was married to the child’s biological mother when the child was conceived;

• The man marries the child’s mother after conception and gives written consent to be listed on the birth certificate as the father;

• The man and woman sign an acknowledgement of paternity; or

• The man and woman sign an acknowledgment of parentage or if they sign an acknowledgment of parentage with a denial of paternity (if the presumed father is not actually the natural father).

A man who is not the presumed father must establish paternity before he can seek custody or visitation rights. Ideally, he would do so immediately. One consequence of not establishing paternity is the mother may put the child up for adoption without the putative father’s consent. To avoid this, the father should register with the Putative Father Registry within 30 days of the child’s birth. Then he should begin legal proceedings to officially establish paternity within another 30 days.

Once paternity is established, the father can petition for sole or joint custody. The court will make a custody determination based on what is in the best interest of the child. Illinois, unlike some states, does not presume that joint custody is best. The court will consider various factors, including each parent’s financial situation and health.

If awarded joint custody, the parents will make major decisions about the child together. It is important to understand, however, that joint custody does not mean joint parenting time. One parent will have residential custody, meaning that the child will live with that parent. The other parent will have visitation rights.

Custody battles can be contentious, especially if you first need to establish paternity. We understand the stress involved in proving that you are your child’s father, and we can explain your rights and responsibilities under the law. We also understand that not all families are the same. We will work with you and put your child’s interests first. Contact one of our experienced Illinois family law attorneys today. We can assist those in the St. Charles area.