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RobertJDFL, Lawyer
Category: Family Law
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Experience:  Experienced in multiple areas of the law.
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in Illinois a child born out of wedlock. Sole custody is given

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in Illinois a child born out of wedlock. Sole custody is given to the mother even if the father has signed the birth certificate. until he is given rights via court order is that correct?
Thank you for your question.

Correct. While having his name on the birth certificate (and if that has happened, then it is likely an acknowledgment of Paternity has also been signed) makes a person the legal father, in orther to establish custody and visitation rights, the individual would have to petition the court to do so. Until such time, the other parent could restrict when and where visitation occurs and how often.

That said, the Illinois Parentage Act now requires a custodial parent who wishes to remove a child or children from the State of Illinois to first petition the Court to request permission to do so. In other words, while the birth mother may have custody, they still do not have the right to leave the state with the child absent permission from the court.
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