What Are "Father's Rights" in Illinois?

 Posted on February 16, 2026 in Alimony

The term "father's rights" comes up often in family law, but what does it actually mean under Illinois law in 2026?

"Father’s rights" means you have a legal right to be with and make decisions about your child. This can be in everyday life things, like what religion the child will grow up in, or it can be more specific to divorce proceedings.

Many divorcing fathers worry that the court system favors mothers in custody disputes. If you have questions about your rights as a father, a Rolling Meadows family law attorney can help you understand your legal options and protect your relationship with your child.

Do Fathers Have the Same Legal Rights as Mothers in Illinois?

Under Illinois law, fathers have the same legal rights as mothers once paternity is established. "Paternity" refers to being legally declared the child’s father. There is no legal bias that favors mothers over fathers. The court makes decisions based on the best interests of the child, not the gender of the parent.

Why Is Establishing Paternity Important for Fathers?

If you are married to the mother when your child is born, Illinois law assumes you are the legal father. If you are not married, you must establish paternity before you can exercise any legal rights as a father.

There are two main ways to establish paternity in Illinois:

Voluntary Acknowledgment of Paternity

You and the mother can sign a VAP form, typically at the hospital after the child's birth. This document has the same legal effect as a court order.

Court Order or DNA testing

If the mother will not sign a VAP, you can file a paternity action in court under the Illinois Parentage Act (750 ILCS 46). The court can order DNA testing to check who the father is.

What Rights Do Fathers Have After Paternity Is Established?

Once you have established paternity, you have the right to spend time with your child and make important decisions for them. You can get access to important information about your child, such as their education and medical records. You will also have responsibilities, like paying child support.

Can a Mother Deny a Father Access to His Child?

If there is a court order in place that grants you parenting time, the mother cannot legally deny you access to your child. If she violates the court order, you can file a petition for enforcement. Illinois courts take parenting time violations seriously and can order:

• Makeup parenting time to compensate for missed visits.
• Modification of the parenting plan.
• Sanctions or fines against the parent who violated the order.
• In extreme cases, a change in decision-making authority or primary residence.

If there is no court order yet, things are more complicated. Without a court order establishing your rights, the mother is not technically breaking the law by withholding the child. This is why it is critical to establish paternity and get a parenting order as soon as possible.

What Does the Court Look At to Decide Which Parent Has What Responsibilities?

Illinois courts base all parenting decisions on the best interests of the child. The court considers:

• Each parent's wishes.
• The child's wishes if they are old enough to explain them.
• The child's relationship with each parent and siblings.
• The child's adjustment to home and school.
• The mental and physical health of all parties.
• Each parent's willingness to have a relationship with the other parent.
• Any history of abuse.

The court does not favor one parent over the other based on gender. Fathers who are actively involved in their children's lives have a strong chance of getting meaningful parenting time and decision-making authority.

Call a Rolling Meadows, IL Family Law Attorney Today

If you need help understanding your rights as a father, call an Arlington Heights paternity lawyer for help. At the Law Offices of Donald J. Cosley, Attorney Cosley personally handles all aspects of his cases. When you call him with questions about your case, you will speak with him and will not be passed off to a paralegal. Attorney Cosley offers free consultations and understands how important a father’s relationship with his child is. Contact the Law Offices of Donald J. Cosley at 847-253-3100 today to schedule.