In Illinois, parentage cases are the domestic relations cases in which the parents of the child(ren) are not married. When a child is born to a married couple, both spouses are presumed to be the parents of the child. When the parents are not married, parentage must be established before the award of rights, responsibilities and obligations that arise from a parent-child relationship.
In Illinois, parentage is often established with both parents signing a Voluntary Acknowledgement of Paternity (VAP) form. If a VAP has not been signed, then parentage must be established, and once determined, an order of parentage is entered. Establishing parentage may include DNA testing. The timing associated with establishing parentage may affect your rights as the biological mother or father so it may be important to establish parentage as soon as possible.
Once parentage is established, parents in parentage cases encounter many of the same child-related issues that divorcing couples face. The Illinois statute governing the determination of the allocation of parental responsibilities (formerly called child custody) and a parenting schedule (formerly called visitation) apply to both married and unmarried parents. These essential components are written in a document referred to as an Allocation Judgment and Parenting Plan. (See
Parenting Time (Custody & Visitation)
With parentage cases, the obligation of child support may be established. The Illinois law governing child support and related expenses is substantially the same for both married and unmarried parents. Child support laws in Illinois are based upon the income of both parents, with established guidelines that consider the combined incomes of the parties and the parenting schedule established. (See
Child Support).