Fans in Illinois of reality TV stars the Kardashians may know that Kourtney Kardashian and longtime boyfriend Scott Disick recently broke up. The couple has three children together and Kardashian said that Disick needed to go to rehab to deal with his addictions prior to getting child custody or even unsupervised parenting time with the children. Disick did enter rehab, but recently left after about a month of rehabilitation. Disick has stated that he would like joint custody of the children.
Many couples in Illinois have children without being married. These situations can work out just as well as a marriage, but the rules regarding the legal rights of the mother and father differ from those of a married couple. If the couple is married, then both parties have custody rights to the child. However, if the couple is not married then the father does not have custody rights, even if he is on the birth certificate.
The father is considered the presumed father if he is on the birth certificate, but he does not have custody rights. In order for fathers to gain custody rights of their children they must file a petition for custody and parenting time. The factors used for these decisions are the same as those used during a divorce though. Ultimately the custody decision will be based on what is in the best interests of the child.
Many fathers in Illinois have children with a women who they are not married to. In these cases, they may be the presumed father, but they do not have custody rights. They must petition the court for custody rights in order to gain them. However, in the end the father can end up with the same rights as a married father. Experienced attorneys understand the factors used in child custody determinations and may be able to guide one through the process.
Source: Food World News, “Scott Disick: Done with rehab (?)” Hazel Zol Maria Canete Baloyo, Nov. 11, 2015