How Does Paternity Affect Custody and Parenting Time in Illinois?

 Posted on December 20, 2025 in Paternity

Paternity plays a major role in child custody and parenting time cases in Illinois. Until legal paternity is established, a father may have no enforceable rights, even if he has been involved in the child’s life from the start. If you have concerns about your parental rights, our Plainfield, IL child custody lawyers can help. Once paternity is established, you can focus on what matters most, your child’s best interests.

Why Is Paternity Important for Custody and Parenting Time in Illinois?

Paternity does more than confirm biology. It establishes legal parenthood. Without it, an unmarried father has no automatic right to parenting time or even a say in major decisions about his child's life. This is true regardless of his relationship with that child.

Once paternity is established, the legal landscape changes entirely. Both parents can petition the court for parenting time, decision-making authority, and child support. Paternity opens the door to rights, but it also creates enforceable responsibilities like financial support and following court orders.

For mothers, establishing paternity brings clarity and accountability, ensuring the father's legal obligations are recognized. For fathers, it's the essential first step toward being more than just a name. It makes you a parent in the eyes of the law.

How Is Paternity Established in Illinois?

Paternity can be established in several ways. The most common is signing a Voluntary Acknowledgment of Paternity, often at the hospital when a child is born. Once signed and filed, this document carries the same legal weight as a court order.

If paternity is disputed, either parent can request court-ordered genetic testing. Illinois courts can establish paternity based on DNA results and other supporting evidence. Under 750 ILCS 46/201, paternity may also be established through legal presumption in certain circumstances. For example, if a man is married to the mother when the child is born, he is presumed to be the legal father.

Does Establishing Paternity Automatically Grant Custody Rights?

Establishing paternity alone doesn't hand you custody or parenting time. It simply gives you the legal standing to ask the court for those rights. When deciding custody and parenting time, Illinois courts focus on what's in the best interests of the child. What supports their health, safety, and overall well-being?

Once paternity is established, both parents are on equal legal ground. Neither parent gets an automatic advantage based on gender.

How Illinois Courts Decide Custody and Parenting Time After Paternity Is Established

Illinois law doesn't use the term "custody" anymore. Instead, courts "allocate parental responsibilities" between parents. This includes decision-making rights and visitation, known as parenting time.

Under 750 ILCS 5/602.7, judges consider multiple factors when deciding parenting time. These factors center on the child's needs and whether each parent can meet them.

Courts typically look at things like:

• Each parent's involvement in the child's life
• The child's relationship with each parent
• The ability of parents to cooperate and communicate
• Any history of abuse, neglect, or substance issues
• The child's adjustment to home, school, and community

The goal is always the same. They want to create a parenting plan that gives the child stability and strong relationships with both parents.

What Happens If Paternity Is Not Established?

If paternity isn't legally established, the mother generally has sole decision-making authority by default. The father may have no legal right to parenting time, even if he's listed on the birth certificate. This lack of legal recognition can create serious problems later. It may affect custody disputes, parenting time arrangements, and even the child's ability to inherit or receive benefits.

How an Illinois Child Custody Lawyer Can Help With Paternity Issues

Paternity cases involve both legal and emotional challenges. Mistakes made early in the process can affect your rights and your relationship with your child for years to come. An experienced child custody lawyer can help establish paternity correctly and fight for a fair parenting arrangement.

Schedule a Free Consultation With Our Will County, IL Paternity Attorney

At Reeder & Brown, P.C., we are focused on honesty, integrity, and great customer service. With experience handling thousands of cases as both prosecutor and defense attorney, we bring a deep understanding of the court system and how judges evaluate family law issues. Reach out today to find out how we can protect your child’s future. Call 815-885-5980 to schedule your free consultation with experienced Plainfield, IL family lawyers today.