Parentage/Paternity Cases

PARENTAGE/PATERNITY CASES

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Having children outside the formality of marriage is a common practice. In fact, more than half of mothers in this country under the age of 30 give birth outside of marriage. Illinois law address the rights and responsibilities of unmarried parents and their children by providing for recognition of a parent-child relationship as well as tackling the issues of support, custody, and parenting time. I will refer to these as “parentage” cases.

Child support in parentage cases is determined using the same criteria that applies to divorcing couples. See our website section: “Child Support.” The objective is to give the child the same lifestyle that he or she would have enjoyed had the family remained intact. Additionally, in actions brought within two years of a child’s birth, a court may direct a father to pay the reasonable expenses incurred by the mother relating to her pregnancy and delivery of the child. The law also provides for an award of child support retroactive to the child’s birth after the court considers relevant factors. This may include the father’s prior knowledge of the child’s birth and the extent the mother previously sought his assistance in supporting the child.

A man who believes he is the father of a child may seek to have his paternity established by court order, thereby earning the right to request decision-making responsibilities and parenting time. These issues are governed by the best interests of the child. See our website section: “Children’s Issues: Decisions-Making/Parenting Time.” Likewise, a mother can seek to establish that a man is the father of her child and ask for support.

The bottom line is that children in parentage cases are treated the same as children who were born to married couples. It is almost always a good idea to formalize the relationship between unmarried couples and their children if the parties are no longer residing together. While matters may be amicable at first, disputes may arise over support, parenting time, schooling, medical, and other important issues. I can help you through the process of negotiating a good parenting judgment that will hopefully alleviate the need for conflicts in the future.