Every child deserves to be cared for by loving parents, and a child’s mother and father both have obligations to support their child and ensure that the child’s needs will be met. Parents have the right to be involved in raising their child and spend time with them on a regular basis. While this right may be automatically established for some parents, others may need to take steps to legally establish paternity. Doing so can ensure that the rights of the parents and the child will be protected.

Situations Where Parents May Establish Paternity

A presumption of paternity exists when a mother is in a marital relationship with a spouse. If the mother is legally married when her child is born, her spouse is presumed to be the child’s parent, and no action will need to be taken to ensure that the other parent has legal rights toward the child. This presumption also exists if a mother’s marriage ended within 300 days before her child was born, including in cases involving divorce, legal separation, annulment, or the death of the other spouse.

Formerly, the only accepted family arrangement in Illinois was a married couple with children (of course, the marriage had to come before the kids). Society considered two-parent households – one mother and one father – the ideal that everyone should aspire to reach. Today, while "traditional" family arrangements are still sought after, both society and the law have become more accepting of "nontraditional" arrangements.

One example of a "nontraditional" arrangement is cohabitation. Although Illinois courts do not recognize a common law marriage (living together for a number of years while acting like a married couple), they will enforce a cohabitation agreement. Essentially, to cohabit with another person is to live together without getting married. As with any coupling, cohabitation is a personal decision and will not work for everyone. When pursuing this course it is wise to consider a cohabitation agreement.

Cohabitation Agreement