Parentage & Child Custody

Parentage and custody matters can be complex and emotional, especially when the wellbeing of a child is involved. At Benson Law Firm, we help parents establish legal rights and responsibilities while keeping the child’s best interests at the forefront. Whether you are seeking to establish parentage, define custody arrangements, or modify an existing order, our attorneys provide clear guidance through every step of the process.

A parentage case, sometimes called a paternity case, is a legal action used to determine the biological and legal parents of a child. Establishing parentage ensures both parents have recognized rights and obligations, including decision-making authority, parenting time, and financial support.

The main goals of a parentage case are to establish legal parentage, clarify parental responsibilities, and ensure that the child receives appropriate care and support. Once parentage is determined, the court can enter orders regarding custody, visitation, and child support.

In Illinois, parenting time refers to the schedule by which each parent spends time with their child. Courts encourage arrangements that allow the child to maintain a strong and healthy relationship with both parents, whenever possible. The schedule is based on what best supports the child’s stability, education, and emotional development.

Parental responsibility refers to the right to make significant decisions about a child’s upbringing, such as education, healthcare, religion, and extracurricular activities. Parents may share decision-making responsibilities jointly or one parent may be granted primary authority, depending on the circumstances and what the court finds to be in the child’s best interest.

Child support in Illinois is determined using an income-shares model, which considers the combined income of both parents and the number of overnights each parent has with the child. The goal is to provide financial stability that reflects what the child would have received had the parents remained together. Our firm helps clients ensure that calculations are accurate and fair, and that all required financial disclosures are properly made.

While maintenance is typically associated with divorce cases, it can also arise in parentage situations where one parent has a significant financial disadvantage. The court may consider similar factors, such as income, earning potential, and household contributions, when determining if financial support is appropriate.

These two concepts, parenting time and parental responsibility, work together to form what was once commonly referred to as “custody.” Parenting time determines when a child resides or spends time with each parent, while parental responsibility addresses who makes important decisions. Together, they form a comprehensive parenting plan designed to support the child’s best interests and provide structure for both parents.

Parenting time is the court-approved schedule that defines when each parent will have the child in their care. It is designed to promote consistency and meaningful involvement from both parents. Schedules can be customized to reflect work obligations, school calendars, and the specific needs of the child.

Parental responsibility refers to the authority to make key decisions about a child’s welfare. These may include choices about medical care, education, religious upbringing, and extracurricular activities. Courts may allocate these responsibilities jointly or solely, depending on what arrangement serves the child’s best interests.