We are not married and have a infant child. Who can have custody of a child and percentage of child

G

Greg_123

New Member
Jurisdiction
Illinois
We reside in ILLINOIS when we had our infant baby and we are not married yet. We now live separately and currently child is with my ex. Does child's mother automatically become primary care? What are my rights of seeing my child? Do I have any control of when I can see my child? What is the percentage of child support?
 
Greg_123 said:
We reside in ILLINOIS when we had our infant baby and we are not married yet. We now live separately and currently child is with my ex. Does child's mother automatically become primary care? What are my rights of seeing my child? Do I have any control of when I can see my child? What is the percentage of child support?
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You evidently have never been married to the child's mother. In Illinois that means you are not the legal father of the child unless either (1) you and the mother both execute a voluntary acknowledgment of paternity (VAP), (2) the state child support services establishes and enters an administrative child support order against you, or (3) a court determines that you are the father of the child. If a court determines that you are the legal father of the child, then a child support proceeding generally follows to determine what child support you owe. Because you indicate that no child support has been entered against you, it's clear you are not the father because of (2). It's also likely then that you have never gone to court to establish paternity either.

So did you and the mother execute the VAP? If the answer is no and you've not been to court to establish paternity then right now you are not the legal father of the child and that means as far as the law is concerned you are a stranger to the child. As a result you'd have no rights to the child at all. If your paternity has not been established then your first step here is to file a paternity action against the mother in court.

As for the amount of child support you may be ordered to pay, the state child support services agency has an online child support calculator to help you estimate what it would be.
 
Greg_123 said:
Does this count as valid VAP, a legal Father?
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Why on earth would you want to be declared the father and face two decades of "child support", unless (and until) a paternity test PROVE you to be the father?

You and the woman were NOT married, according to your top post.

ANY unmarried male who believes to be the father of a child has no parental rights to said child, unless he establishes paternity.

How is paternity established in Illinois?


There are three ways to establish paternity:

(1) Both parents complete, sign, and have a Voluntary Acknowledgement of Paternity (VAP) form witnessed and filed with the Department of Healthcare and Family Services.

(2)An Administrative Paternity Order is established and entered by HFS' Child Support Services;

(3) An Order of Paternity is established and entered in court judicially.

Some uninformed, perhaps "gullible" males take the easy way to establish paternity.

The easiest way for the male to establish his paternity "LEGALLY" is to complete a VAP form at the hospital AFTER the child is born.

The naive, gullible male can ask hospital staff for a VAP Form when eagerly providing information for the child's birth certificate.

Hospital staff is always eager to help those "gullible", eager males complete the form, making it easier for the male to fork over cash. This might be easy on the male, but gets the state off the welfare hook.

Paternity Information You Should Know


More about the easy VAP, sign your life away, form!

What is the Voluntary Acknowledgement of Paternity?

The VAP is a legal document that is used to establish paternity for unwed parents. Once
the VAP is completed and filed with HFS, it will be used to have the father's name added
to the child's birth certificate.

Both parents must read the instructions and parents' rights and responsibilities on the back of the form.

You can call (844) 215-6576 to hear a recorded explanation.


Parents must then complete, sign, date have the VAP witnessed by an adult who is not a person named on the form, and mail the form to the HFS-Administrative Coordination Unit where it will be verified and filed.



A VAP can be completed, signed, witnessed, and filed at any time for any child.


If the "gullible" male signs the VAP, will he be required to pay child support?

Both parents have the responsibility to support their child.

Either parent may be ordered to provide child support and/or medical coverage.

However, only one parent will be ordered to pay child support to the other parent.


For more information go to www.childsupport.illinois.gov or call the Child Support Customer Service Call Center at 1-800-447-4278.

 
Greg_123 said:
Both of our names are on child's birth certificate. Does this count as valid VAP, a legal Father?
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The VAP is different from the birth certificate. The VAP form has language on it in which you and the mother specifically acknowledge that you are the father and in which you expressly agree to give up your right to genetic testing to make sure you are the father. The link I included will provide you the form you and the mother had to sign for the VAP. If that isn't what you signed then you didn't do a VAP. And if you didn't do it then, I would advise you not to do it now, at least not before you verify that you are truly the father via genetic testing. Sure, your ex will swear she didn't sleep with someone else, but she may well lie about that. It happens quite a bit. If you sue for paternity you will have to do the genetic test and then you will know for sure. Don't give up your right to have the testing done to verify you really are the dad before you sign up for 18+ years of child support.
 
If the VAP wasn't signed and submitted, then the OP's name wouldn't be on the birth certificate (unless the OP and mom lied and told the powers that be that they were married).
 
When a child is born to an unmarried woman, no man has any parental rights or obligations regarding the child until and unless paternity is established and a court enters an order regarding custody, visitation and support.

Note that a man's name being on the birth certificate, by itself, does not establish paternity. However, in order for a man's name to be on the birth certificate of a child born to an unmarried woman, it is often necessary for both parents to sign an acknowledgment of paternity. Regardless, in order for the father to have enforceable rights, it will be necessary to seek and obtain a court order.
 
zddoodah said:
When a child is born to an unmarried woman, no man has any parental rights or obligations regarding the child until and unless paternity is established and a court enters an order regarding custody, visitation and support.

Note that a man's name being on the birth certificate, by itself, does not establish paternity. However, in order for a man's name to be on the birth certificate of a child born to an unmarried woman, it is often necessary for both parents to sign an acknowledgment of paternity. Regardless, in order for the father to have enforceable rights, it will be necessary to seek and obtain a court order.
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In some states, completion of a voluntary acknowledgement of paternity has the same force as a court order.
 
Greg_123 said:
We reside in ILLINOIS when we had our infant baby and we are not married yet. We now live separately and currently child is with my ex. Does child's mother automatically become primary care? What are my rights of seeing my child? Do I have any control of when I can see my child? What is the percentage of child support?
Click to expand...

If you haven't established your paternity, you have no rights. If you want any rights, you have to go establish your paternity via your state's laws. Then they will figure out the child support.

Until you do that, you're legally no one to that child and the mother has all rights and determines who does or does not see the child.
 

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