Calumet City, IL asked in Family Law and Child Custody for Illinois

Q: if the parents were never married and theres no court order but he's on the birth certificate who makes major decisions?

I recently told the kids father that now that school is starting back they need to be home during the week for school and tutoring and he can spend time every weekend. Well he doesnt agree with my decision and I fear he wont bring them home because of my decision. Never been to court for anything outside of child support in 2016 and we never got a parenting plan or agreement or custody order set. we just wing it as we go. What am I to do in this situation. I feel it's in the beat intrest of the kids that they homeschool with me due to the fact I have proof of conversation for teachers during the pandemic when he homeschool he was neglecting the education and I had to do double work to make up what he didnt do . I dont want to do that this go round or jeprodize the kids education due to the instability of going from house to house during school week. so I informed him that could not happen and now he's furious

Related Topics:
1 Lawyer Answer
David Nachman Byer
David Nachman Byer
  • Divorce Lawyer
  • Northfield, IL
  • Licensed in Illinois

A: If your former partner is on the birth certificate he is legally presumed in the absence of a challenge to be the child’s father. You both have a theoretical right of equal status to choose how to parent (such as deciding what times the child will be with which of you and the making of any decision related to your child’s education). If you were married and getting divorced the Domestic Relations judge in your case would have you and he come to agreement as to all specifics about parenting this child or would conduct a formal process such as a hearing or trial where he or she would hear from both sides and make his or her own decisions about future parenting instead. Because you are not married you have not had a reason (until now) to present to the Court for negotiation or a judge’s ruling(s). If you can’t work things out, you need to go to Court to get this formally decided. You may want to file a petition with your local Court’s Domestic Relations division to set begin the official process that may be necessary if you can’t agree with the father.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.