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50/50 joint custody refers to each parents decision-making rights and placement schedule (Illinois calls these parental responsibilities and parenting time). The best joint custody schedule maximizes parenting time with both parents. Illinois law prefers parents to mutually agree on a schedule.
Rights of unmarried mothers in Illinois Illinois child custody or allocation laws provide that when children are born to unwed parents, the mother retains the primary right to custody or decision making of the child until the father seeks to assert his rights in court.
Under Illinois law for unmarried parents the mother has sole decision making and parenting time of the child or children, until the father comes forward and establishes paternity or the court determines paternity, or the father petitions the court for any form of custody.
Both parents may share legal custody of their child or one parent can be given sole legal custody. Naturally, allowing contentious couples to share residential custody is considered to be counterproductive and most courts hesitate in awarding it.
If the child is born into the marriage then the father has automatic parental responsibility over the child. Based on this a married fathers rights over a child include the rights to make decisions concerning the legal matters, as well as educational, health and welfare and religious matters.
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A judge will make physical and legal custody decisions based on the childs best interests. Unlike some states, Illinois custody laws dont presume that joint custody is automatically in the childs best interests. Judges will try to give both parents maximum involvement in the childs life.
Unmarried fathers must establish paternity, either at birth or after the child is born, in order to have rights when it comes to accessing their children. Once paternity is established, then an unmarried father has the right to seek a court order for custody or visitation, if they need to.
If so, it is crucial you understand state law. In Illinois, unmarried fathers have the same equal rights as mothers but only when they establish paternity. Below, our Naperville and Bolingbrook fathers rights attorneys provide a more in-depth overview of the parental rights of unmarried dads in Illinois.
Current Child Removal Laws Presently, under Illinois law, a parent with primary physical custody of a child is permitted to move anywhere in the state without the approval of the other parent or the court. Only an out-of-state move requires permission from the other parent or the court.
Once paternity has been established and the fathers name is on the birth certificate, the father has the right to file an action to seek scheduled time with the child and participate in parental responsibilities with the childs mother.

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