Questions come up from time to time about how parents are treated in Parentage cases ( where the parents are unmarried) vs. in a divorce case. Should fathers for example, be treated differently in a child custody case if they are not married to the mother of the child or children? The answer in Illinois, fortunately, is no. The Illinois Parentage Act borrows and connects with the Illinois Marriage and Dissolution of Marriage Act (IMDMA) and utilizes in Parentage cases the same child custody statutes that are used in divorce cases. These days, parents are no longer awarded “custody,” but are awarded “allocations of parenting time.”
In a New Jersey case, the Parentage courts were expected to decide child custody issues in a speedy fashion, and it seems that this expedited approach robbed some fathers of the right to have a full hearing over child custody issues. A recent case there made the news, as the appellate court decided that the rules for parentage cases should follow the same rules and due process afforded in a divorce case. Here’s a summary of that case for those interested in the details: