A Father’s Rights When There is A “Surprise” Child

A Father’s Rights When There is A “Surprise” Child

By: M. Scott Gordon

One night stands can have serious lifelong consequences. It is possible to conceive a child with a stranger that you only knew for one night. It is even more devastating to discover this fact months or even years later, and to have missed out on a large part of the child’s life. For some fathers, the most natural thing is to seek out the child and try to start a relationship to make up for lost time. The problem is this may not always be possible.

In Chicago, and throughout Illinois, an unmarried man who discovers he has a child has to first establish that he is the father, if he is not listed as the father on the child’s birth certificate.  The father should petition the court to assert this claim, and then request visitation and other custodial rights and obligations.  As in every case, the father needs to show the court that it is in the child’s best interest to have visitation time with him. This may sound straightforward, because all children should have a relationship with both parents absent any abuse. However, it is not always straightforward if the father has never seen (or had little contact with) the child, and you have to present a wide range of evidence to the court to prove your case. Often, it can come down to the battle of the experts if the mother does not believe contact is appropriate.

The Leading Example

If the mother of the child had acknowledged another man as the child’s father (falsely), and the man had signed a Voluntary Acknowledgment of Paternity (VAP) and was listed on the birth certificate as the father, the situation can become quite complicated.

In a case (In re Parentage of J.W.) decided by the Illinois Supreme Court in 2013, a woman had a one night stand and became pregnant. Believing the child’s father to be her boyfriend, she let him sign the “VAP” and he was listed on the birth certificate. Years later, the man from the one night stand saw the child on a social media website. Seeing a resemblance, he had a DNA test done to determine the child’s paternity.

The mother and her boyfriend at the time, whom she had later married, were divorced. The mother’s ex-husband had visitation with the child and paid child support. The ex-husband argued that the biological father should not have a relationship with the child because it would confuse her as to who her father was. After both sides presented experts, the court decided that it was in the child’s best interest to not have a relationship with her biological father, until further yearly evaluations to see if she was ready.

Furthermore, visitation and child support are independent rights and obligations.  Hence, child support is not dependent on the right to visitation, regardless of the outcome of the litigation, so you may still be ordered to pay child support even if visitation is denied. Additionally, the man who was previously acknowledged as the child’s father may still have visitation rights and an obligation to pay child support as well. In the case above, both the biological father and the ex-husband were ordered to pay child support for the upkeep of the child.

Contact a Chicago Attorney

In cases like these, how you present your evidence can be the determining factor in whether you get visitation rights. You need an experienced attorney to help you gather evidence and hire the right experts to support your case. If you are an unmarried father who would like visitation with your child, contact the Chicago legal professionals at M. Scott Gordon & Associates for a consultation on your case.

Child Custody in Chicago– Visitation Rights and Learning to work with Your Ex.

Child Custody in Chicago– Visitation Rights and Learning to work with Your Ex.

By: M. Scott Gordon

The Law Office of M. Scott Gordon & Associates understands that the most difficult aspect of any legal case in Chicago or the North Shore is the question of Child Custody.  Section 602 of the Illinois Marriage and Dissolution of Marriage Act requires a court to determine custody in accordance with the best interest of the child. The court considers many different areas when determining custody. Some of these include but not limited to, Parental and Child’s wishes, School and Community, Home life, Mental and Physical Health of all individuals and daily routine and availability. Every Family Law case in Chicago and the North Shore are unique and determining what is in the best interest for the child is always the right course of action. Let’s discuss what Visitation rights for Parents means and ways to improve the quality care you and your Ex provide your children.

Section 607 of the Illinois Marriage and Dissolution of Marriage Act sets forth the visitation rights to be granted to a parent who is not granted custody (or physical possession) of a child. The Court is dictated by the best interest standard. Generally, non-custodial parents have every other weekend with the child, and perhaps more time during the week. There is no model visitation schedule in the law, and the parents are free to develop their own visitation schedule as long as it is in the best interest of their child. Unmarried parents should always make best efforts to offer visitation to the non-custodial parent. Always contact your Family Law Advocate to understand the laws in Cook and Lake County.

Every situation is unique, but let’s look at some reasons for encouraging or restricting Visitation Rights in Chicago.

Reasons for Encouraging Visitation Rights:

• Different Parenting Styles. Children can benefit from different parenting styles. It is important for parents to stay united, so the child doesn’t believe he/she can use one parent against the other.

• Children’s Behavior.  When a child has both parents in their life on a consistent basis that child benefits from each parent. Teaching “the basics of Life” can be applied by both parents which leads to better behavior patterns by the child.

• Education and Academics. With both parents involved with school events, or daily homework children benefit from additional teachings within the home in regards to their academics.

• Routine and Schedule. Many studies will tell you that children who have a consistent routine and schedule are more likely to show success in academics, psychological well-being and social behavior.

• Security.  Even from birth, children who have involved parents are more likely to be emotionally secure, be confident to explore their surroundings, and, as they grow older, have better social connections with peers.

•  Parents Work Schedule. Visitation allows both parents to maintain proper work schedules and offers flexibility during the work week.

• Parental Breaks. Parenting is a career not a job, and taking a break can be healthy to your overall well-being.

Reasons to Restrict Visitation Rights

There are legitimate reasons why an unmarried parent may want to refrain from offering visitation rights to the other parent. The reasons include:

• Domestic violence directed toward the child, a sibling, or the child's mother.

• Parent resides in an unsafe location (i.e. with dangerous individuals living in the home).

• Child does not want to visit - This is a difficult situation, as the courts frown upon allowing the child to "opt out" of court-ordered visits. In general, most courts want to encourage the relationship between the child and each of his/her parents. In cases where the child does not want to participate in visits, the court will usually want to know why. In order to protect herself, a mom in this situation should make sure that she is not "bad-mouthing" the father in front of the child, and she should work with the child and the father to resolve any issues and resume visitations as soon as possible.

• Immediate danger to the child - If the child is in danger from anyone while in the father's care, an unmarried mother should not encourage the visitation. Instead, a mother should allow the courts to decide how to create a workable visitation schedule.

Learn to Work with Your Ex

Let's face it, there's a good chance that the father of your child will be around for the better part of your life. It will make both of your lives easier if you have a continuous, communicative relationship with each other. For the sake of a harmonious relationship, and at least for the sake of the child, unmarried mothers should consider offering the father some sort of visitation rights. After a formal or informal agreement in court, parents may want to do some things together with the child. Initially, it may seem like a bad idea, but parents should consider how many occasions they have to spend time with each other such as birthdays, graduations, religious ceremonies, etc. It's probably easiest to try to get along.

If you have any questions regarding this blog, the information included or you would like to speak with an Attorney at M. Scott Gordon & Associates regarding your case feel free to contact us here, or call one of our offices to see how we can help. Family Law Advocate Skokie Office 847-329-0101, Chicago Office 312-360-0250.