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

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1 Lawyer Answer
David Nachman Byer
David Nachman Byer
Answered
  • 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.

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