Can Fathers Get Custody If They Were Never Married to the Child’s Mother?

Navigating child custody laws can be particularly challenging for unmarried couples in Illinois. The emotional weight of wanting to be a part of your child’s life, coupled with the legal hurdles, can make this process difficult. At Arami Law, Inc., we understand the gravity of these situations. Our compassionate team is dedicated to guiding fathers through these turbulent waters, highlighting the importance of establishing paternity and the subsequent steps toward securing custody.

The Importance of Establishing Paternity

Establishing paternity is the first step in obtaining custody or visitation rights. For married fathers, paternity is usually presumed, but for unmarried fathers, the process requires a few more steps. Signing a Voluntary Acknowledgment of Paternity (VAP) is a straightforward method that grants you legal fatherhood from birth. This document is crucial for taking the next steps in being recognized as the child’s legal father, especially if you and the mother are in agreement and you are present at the hospital during birth.

However, situations vary, and not all fathers find themselves in such clear-cut circumstances. If doubts about paternity exist or if the mother contests your presence or acknowledgment, paternity testing becomes necessary. It’s a step that might seem formidable at first, but it’s vital for laying the groundwork for your rights as a father. Illinois courts can request genetic testing, and our attorneys at Arami Law, Inc. are here to assist in petitioning for this process, should it be required.

Securing Custody Rights in Illinois

Once paternity is established, fathers theoretically have equal footing with mothers in terms of rights to parenting time and parental responsibilities. However, securing these rights isn’t automatic; it necessitates going to court. The court’s primary concern is the child’s best interest, and judges meticulously consider both parents’ circumstances before making a decision.

Illinois courts favor arrangements that encourage strong relationships between the child and both parents whenever possible. Therefore, as a father, focusing on being the best parent possible is key. Demonstrating honesty and cooperation with both the court and the child’s mother can influence the outcome. Crafting a parenting plan that benefits all parties involved, especially the child, is essential. Our team at Arami Law, Inc. can support you in negotiating a fair parenting plan and presenting it effectively to the court.

Moving Forward with Confidence

Establishing paternity and seeking custody as an unmarried father may seem complex and fraught with challenges. Yet, it’s important to remember that the law is designed to support strong, loving relationships between parents and their children, regardless of marital status. Fathers play an indispensable role in their children’s lives, and establishing legal recognition of this fact is the first step towards ensuring that you can fully engage in your child’s upbringing.

At Arami Law, Inc., our nearly two decades of experience provide us with a deep understanding of these challenges. We’re committed to resolving your fears and guiding you toward a clearer path forward. If you’re navigating the complexities of gaining custody or establishing paternity as an unmarried father in Illinois, you don’t have to do it alone. Contact us today to begin working towards securing your rights and fostering a meaningful relationship with your child.