Start Building a Plan with a Lawyer You Can Count On
Separation is an emotionally difficult decision, especially when children are involved. Whether you were married or not, understanding your rights and responsibilities can help you make choices that protect your family and your future.
Legal Separation vs. Divorce
In Illinois, a legal separation allows couples to live apart and receive court orders on important matters like child custody and support without dissolving the marriage.
Key Differences:
- You stay legally married in a separation
- Property division may not be permanent
- You cannot remarry during legal separation
Rights of Unmarried Parents
If you were never married, both parents still have legal rights and responsibilities.
Establishing Paternity
If you’re the father:
- Sign a Voluntary Acknowledgment of Paternity (VAP)
- Seek a court order if paternity is contested
Establishing paternity is crucial for determining custody, parenting time, and child support.
Creating a Parenting Plan
Parenting plans are required for both divorcing and unmarried parents. The plan outlines:
- Parenting time schedule
- Decision-making responsibilities
- Transportation and exchange logistics
Modifying an Existing Arrangement
If you’ve already separated but need changes due to:
- A new job
- Relocation
- School changes
- Safety concerns
You can file a petition to modify the parenting plan or support order.
Emergency Orders
If your child’s safety is at risk due to abuse, neglect, or substance use by the other parent, you can request an emergency custody order or order of protection.
Child Support Considerations
Child support is calculated using the Income Shares Model in Illinois. Even if the parents were never married, both are financially responsible for the child.
Factors include:
- Income of both parents
- Parenting time
- Health insurance costs
Co-Parenting Tips During Separation
- Keep communication respectful and child-focused
- Use parenting apps to coordinate schedules
- Avoid discussing legal matters in front of children
- Stick to court-approved parenting plans
When to Talk to a Lawyer
Separating from your child’s other parent can get legally complex. A lawyer can:
- Draft or review parenting plans
- Ensure fair child support terms
- Represent you in custody hearings
- Advocate for your rights in court
Why Choose Mark Battaglia
Mark Battaglia has helped many parents in Chicago through difficult separations with practical legal solutions that prioritize the best interests of the child.
- Compassionate and strategic approach
- Deep understanding of Illinois family law
- Personalized attention to your unique case
You Don’t Have to Navigate Separation Alone
Get trusted legal guidance to protect your future and your family.
👉 Schedule Your Free Consultation
📞 (312) 379-9280
