Can a Single Father Get Equal Parenting Time in Illinois?

 Posted on August 27, 2026 in Child Custody

Single fathers often worry that living apart from their child's mother will limit the role they can have in their child's life. This can be an even bigger concern if you were never married to your child's mother, and the child has always lived mainly with her.

Illinois law does not ignore a single father’s rights or prevent him from having equal parenting time. Once legal parentage is established, a father can ask for a parenting schedule that gives him substantial or equal time with his child.

If you are trying to stay involved in your child's life in 2026, an Orland Park, IL fathers' rights attorney can help you with a parenting plan that protects your relationship with your child.

How Can a Single Father Establish His Parenting Rights in Illinois?

For a father who was never married to his child's mother, establishing legal parentage is the first step. Under 750 ILCS 46/201, parentage can be established in several ways. An unmarried father may sign a valid voluntary acknowledgment of parentage or have parentage established through a court proceeding. The law also recognizes a presumption of parentage in certain situations. 

Once parentage is established, a father has legal standing to ask the court for parenting time and parental responsibilities. This step is separate from deciding how much time the child will spend with each parent. Establishing parentage gives a father the right to ask for a parenting schedule, but it does not automatically create a 50/50 schedule.

How Do Illinois Courts Decide How Much Parenting Time a Father Gets?

Illinois courts focus on the child's best interests when deciding parenting time. According to 750 ILCS 5/602.7, courts consider the child's needs and the role each parent has played in the child's life.

Some of the issues that may affect a parenting schedule include:

• How much caretaking each parent has done for the child

• The child's relationship with each parent and other important people in the child's life

• How well the child has adjusted to home, school, and the community

• How far apart the parents live and whether the proposed schedule is practical

• Each parent's willingness to put the child's needs first and support the child's relationship with the other parent

The focus is not on whether the parent seeking time is the mother or the father. Illinois law also presumes that both parents are fit unless there is evidence that parenting time would harm the child's wellbeing.

Does Illinois Require Parents to Split Parenting Time 50/50?

Illinois does not require judges to divide parenting time equally. A father can ask for a 50/50 schedule, but the court must still decide whether that arrangement works for the child.

Keep in mind that equal parenting time can take different forms. Parents might alternate weeks or use another schedule that divides overnights more evenly. Any schedule should work with the child's school and daily routine. The distance between the parents' homes can also affect what is practical when establishing parenting time. 

What Can a Single Father Do to Get More Parenting Time?

A father asking for more time should be ready to show how his proposed schedule will work for his child. A father's involvement in the child’s life before a court case starts can help establish the role he already plays. This could include activities such as participating in the child's school matters and attending their medical appointments. Consistently using the parenting time already available to him also helps.

If the child’s mother does not agree to more time, the father can ask the court to set a parenting schedule. The judge can review both parents' proposed plans and decide what arrangement serves the child's best interests.

Contact an Orland Park, IL Fathers' Rights Attorney

Single fathers should not assume that living apart from their child's mother means they must accept a limited role in their child's life. We work with single fathers to establish workable parenting time arrangements and protect their parental rights. 

Our attorneys at The Foray Hurst Firm are committed to preserving the dignity of families in transition. Contact a Joliet, IL child custody lawyer or call 312-702-1293 to discuss your parenting time concerns.