Question By: In Illinois, the determination of custody for unmarried parents follows specific legal procedures designed to prioritize the best interests of the child. The process begins with establishing paternity, which can be done voluntarily through a Voluntary Acknowledgement of Paternity (VAP) or via a court order if paternity is contested.
Once paternity is established, the court can address custody, known as "allocation of parental responsibilities" in Illinois. This includes decision-making authority (legal custody) and parenting time (physical custody). The court evaluates various factors to ensure the child's best interests are met, such as:
Parental Wishes:
The court considers the preferences of each parent regarding custody arrangements.
Child's Wishes:
Depending on the child's age and maturity, their preferences may be taken into account.
Child’s Adjustment:
The court examines how well the child is adjusted to their home, school, and community environments.
Health:
The mental and physical health of all parties involved is assessed.
Parental Cooperation:
The willingness and ability of each parent to facilitate a close and continuing relationship between the child and the other parent is considered.
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