Q: We are not married and have a infant child. Who can have custody of a child and percentage of child support?
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?
A: You need to file a Petition to Establish the Father-Child Relationship. The child's mother needs to served that petition. You must ask the court for a finding that you are the biological father of the child. Even if you signed a Voluntary Acknowledgment of Paternity, either party can request a DNA test prior to the entry of that order. You can also petition that you be the primary custodian and have either sole or joint decision making. You will either negotiate a settlement agreement or the court will decide on these issues. Child support is no longer calculated using percentages. Child support is calculated on a shared income basis.
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