Columbia Divorce and Family Law Blog

There has been an increase in children born to unmarried individuals. This increase is seen across the country, including in Illinois. In the United States, it is estimated that 40 percent of children are born to unmarried parents. This is an 18 percent increase from 2007.

The legal system in the United States is based on the idea that a baby's parents are married to each other. One could ask what happens if the biological father does not want to be included in the child's life and is not listed on the birth certificate. Is it automatically assumed that the mother has sole custody of the child, or does the mother have to file for custody? This can be a sticky situation because some mothers may be concerned that if they do not file for child custody, an absentee father may reappear in the future and demand joint custody or demand regular visitation.

Typically, a court will allow noncustodial parents in Illinois to see their children after a divorce. In some cases, a judge will order that visitation happen under the supervision of another person or occur in a public place. In some cases, visitation rights are granted under the condition that a parent seek help for an anger, substance abuse or other type of problem.

Ideally, a parent will comply with such an order as quickly as possible. Doing so shows the court that a mother or father is willing to do whatever it takes to be in the child's life. When creating any sort of visitation order, a court will determine what is in the kid's best interest. In most cases, anger or other issues will be seen as a threat to a son or daughter's safety.

Illinois parents with child support obligations could face negative consequences if they fail to make full payments. This is true even if a custodial parent withholds visitation or otherwise interferes with the relationship between the noncustodial parent and child. Generally speaking, the courts see child support and child custody or visitation issues as two separate matters. Therefore, a parent would need to go to court to remedy any visitation issues.

Those who are having a hard time keeping up with their current support obligations could ask for a child support modification order. This may be granted if a parent has lost a job or is experiencing some other financial difficulties. Child support could also be terminated if a child is emancipated. However, a court will determine if a child is mature enough to be on their own before granting such a request. In some cases, child support orders will remain in effect if it's possible the child might ask for assistance after emancipation.

Under certain circumstances, an Illinois parent may need to turn over their children to another adult for a short period of time. This is referred to as temporary guardianship when the other adult isn't the other parent. A parent raising a child on their own may need to take this action if, for example, they were going to be out of town for an extended period or incapacitated while recovering from surgery. Establishing temporary guardianship allows a child to live with a non-parent adult who would be responsible for that child's care and well-being.

If a parent has shared or joint child custody with a former spouse, temporary guardianship usually isn't necessary. However, a widowed parent or one with sole custody may prefer to take this step. Doing so would involve following state guidelines and procedures, which usually involves filling out a form. The selected temporary guardian should be someone responsible enough to provide necessary care.