Navigating the complexities of child custody can be a daunting task for any parent, and for unmarried couples, it often brings forth a unique set of challenges. In this blog, we delve into the heart of the matter, exploring commonly asked questions surrounding child custody in unmarried relationships. Whether you’re embarking on the journey of co-parenting or seeking guidance on legal considerations, discover answers sharing the key aspects that shape the landscape of child custody for unmarried parents.
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Are Parental Responsibilities the Same as Custody?
While many people still use the word “custody” in child-related matters, Illinois no longer uses this term in legal proceedings. Instead, Illinois adopted new phrases: “parenting time” and “parental responsibilities”.
“Parenting time” refers to the children’s schedule for where they live and spend their time. This applies to the regular parenting time schedule and also to special events, birthdays, holidays, and school breaks, too. It outlines on what days and times the children are with which parent.
The court will enter an order that outlines the parenting time schedule. In so doing, the court allows the parents (and the children) to have a set schedule upon which they can rely. This promotes consistency and a routine for all parties involved, and this certainty is very beneficial for the children.
“Allocation of parental responsibilities” refers to how the parents make decisions for the children. Depending on the situation, a court can allocate decisions to one or both parents. There are four main areas where decisions regarding the children must be made: (1) education; (2) health care; (3) religion; and (4) extra-curricular activities.
For example, parents may have joint decision making on extra-curricular activities. This may mean that the parents have to agree upon what activities their children can engage in prior to enrolling their children in said activities.
The court will enter what is referred to as an “Allocation Judgment”, which will state how decisions are to be made for the children. These orders also allow the parents to have set rules and processes that they can turn to when decision-making situations arise.
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Who has the Allocation of Parental Responsibilities when there is No Marriage and No Court Order?
In a situation where: (1) there are unmarried parents, (2) there is no previous order allocating a parent to have parental responsibilities, and (3) no one has signed a voluntary acknowledgment of paternity (what is commonly referred to as a “VAP”), the mother is presumed to have the Allocation of Parental Responsibilities.
Either parent can petition the court for an allocation of these parental responsibilities. Once the court is involved, and paternity is established, the court will assign the responsibilities.
Voluntary Acknowledgment of Paternity
A Voluntary Acknowledgment of Paternity, or a “VAP”, is a document that the father can sign to, as the name suggests, voluntarily acknowledge that he is the father of the child. Signing a VAP is a presumption of paternity under Illinois law.
What if the Father Signs a Voluntary Acknowledgment of Paternity?
Just because a father signs a VAP does not mean he automatically is guaranteed parenting time or an allocation of parental responsibilities. To do so, the father should file a petition with the Court to request 1- an Order of Parentage; 2- a parenting time schedule; and 3- an allocation of parental responsibilities.
Going through this process can be beneficial for the parents and the children involved, even if the parties are still in a relationship. Not only does it establish the paternity for the children, but also it allows for the parties to have formal documents from the Court outlining the responsibilities for all involved.
The parents would also know what parenting the children would look like if the parties were to separate. This certainty is very important for the children of parties, as it promotes stability and consistency in the children’s lives should their parents separate. This can minimize the amount of questions that a parent or child may have in a time of change to their family structure.
Agreed Allocation of Parental Responsibilities and Parenting Time Judgment
Despite what one might think, getting a court to enter an order establishing parenting time and the allocation of parental responsibilities does not have to be a contested, litigious matter. In fact, many times parents are able to come to an agreement on what their schedule and responsibilities are. When that happens, our office then drafts the required documents for the parties, and these can be entered as an uncontested matter before the Court at just one court appearance as opposed to a long, drawn-out process that may require multiple court appearances and testimony on the matter.
It is also possible to modify a previously existing parenting time schedule or allocation of parental responsibilities. This, too, can be done by agreement without becoming a contentious process. For unmarried parents in the Chicago area, one of our Chicago child custody lawyers can help assist you in any child custody or parental responsibilities litigation that may be required to reach a modification. Contact us today for a free consultation.
