Who Has Allocation of Parental Responsibilities or “Custody” When Parents are Not Married?

One of the most common questions that arises when parents are not married is who has custody of the child. If those parents are in Illinois and told custody is now called “allocation of parental responsibility” it can become more confusing.

Are Parental Responsibilities the same as Custody?

We now have abolished physical custody in Illinois and replaced the legal term with “Parenting Time”. Parenting Time refers to the schedule of where the children live and spend time on very specific days. It is simply a schedule. This has replaced physical custody or residential custody in Illinois.

Allocation of Parental Responsibilities have replaced “legal custody” in Illinois, or decision making for the child. The person who has Allocation of Parental Responsibilities makes decisions for the child. There are four main areas where decisions must be made, which the court can allocate to one or both parents: (a) education (b) health care © religion and (d) extra-curricular activities. The parents being allocation “decision making” for these specific items have replaced the term “custody”.

That being said, things can become very confusing when parents are not married, as to who has parenting time and who has been allocated parental responsibilities.

Who has Allocation of Parental Responsibilities When There is No Marriage and No Court Order?

Voluntary Acknowledgment of Paternity

WHAT IF THE FATHER SIGNS A VOLUNTARY ACKNOWLEDGMENT OF PATERNITY?

It is generally best for all parties to file a court case when the parents of a minor child are not married. The court case can enter a straightforward order indicating a parenting time schedule, decision making for the minor child (an allocation of parental responsibilities) a holiday schedule, and more. It also would include a formal finding of parentage. This ensures that the parties know exactly what their schedule would look like in the event that they are no longer together, an exactly who makes what decisions for the minor child. It is in the best interests of all parties involved to have some certainty when it comes to their child.

Agreed Allocation of Parental Responsibilities and Parenting Time Judgment

At Anderson & Boback, we’re passionate about solving family law issues for our clients and their families throughout Chicago and the greater Chicagoland area. Contact us today — we’re here to help when you concerns about allocation of parental responsibilities or custody when parents are not married.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/custody-when-parents-not-married/

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