Schwulst & Roseberry, P.C.
Illinois Nonmarried Parent Lawyers

Establishing Parentage, Custody Rights and Support


Illinois law presumes that the male is the father of any children conceived during

marriage. This is not the same presumption when the parents are not married. It

is necessary to legally establish parentage before the father can assert parental

rights or before the mother can ask for child support.

The law firm of Schwulst & Roseberry, P.C., represents unmarried parents in

paternity, custody and related matters of family law. We can arrange DNA testing

to resolve any questions of parentage and we can represent fathers or mothers

in negotiation or litigation of parenting arrangements and financial support of

children born out of wedlock. Contact us today for a free initial consultation.

Illinois Fathers' Rights and Mothers' Rights Attorneys

Paternity matters can be complicated and emotionally charged. However, the

Illinois Parentage Act is clear regarding the rights and obligations of unmarried


• The father is responsible for medical expenses related to prenatal care

and childbirth.

• The father is obligated to pay child support (retroactive to the date of


• The father must share medical, dental and optical expenses with the

other parent and must share in college expenses for the child.

• The father has a right to visitation with the child. The mother cannot

withhold access without a valid reason or for failure to pay child support.

• An unmarried parent needs the approval of the court to move the child

out of state, even if there is no parentage order or custody order in place.

Signing a Voluntary Acknowledgment of Paternity allows an unmarried father

to establish parentage without a court order. The father has 60 days to rescind if

he learns otherwise.

If either the putative father or the mother denies that the child is his, the court

can require a paternity test. Genetic testing (DNA test) is considered definitive

legal proof one way or the other.

Any man who believes he may be the biological father of a child should register

with the Putative Father Registry to preserve his custody rights. Many dads

learn too late that they have a son or daughter. There is no recourse or legal

standing once the child is adopted by another family or by a stepparent if the

biological father failed to register with the Putative Father Registry or initiate a

prompt paternity action to establish his parental rights.

Presumed paternity can be challenged, but only within a certain time frame. If

you now suspect you are not the father of a child (in or out of wedlock), you

should seek legal counsel immediately.

Bloomington Lawyers for Nonmarried Parents

Once parentage is established, the court will determine child support according

to the same guidelines used for divorcing couples. We can represent either party

in proceedings or negotiations for child support levels and arrearages.

If parentage is upheld, the father can petition the court for visitation or shared

custody. We represent either parent in working out a practical parenting

schedule. If the dad has not been involved with the child, the court may start with

shorter or supervised visitation and phase in a greater role over time.

Our experienced lawyers offer the first half-hour of consultation for free to

determine if we can address your legal problem. Call our Bloomington family law

attorneys Toll Free at 855-217-6003 or e-mail us today and we will respond


Schwulst & Roseberry, P.C. |  407 West Front Street, Suite 2 | Bloomington, IL |61701 | Toll Free: 855-217-6003  
    Toll Free Phone (855) 217-6003


Office Location

Schwulst & Roseberry, P.C. 407 West Front Street, Suite 2 Bloomington, IL 61701 Toll Free Phone: 855-217-6003 Fax: 309-829-3014 Map & Directions  FREE PARKING

Serving the Following Areas

Schwulst & Roseberry, P.C., provides comprehensive litigation and trial rep- resentation throughout the Bloomington Normal area of central Illinois, including McLean County, DeWitt County, Logan County, Tazewell County, Woodford County as well as the communities of Clinton, Lincoln, Eureka, Pontiac, Pekin and Farmer City.