What Legal Rights Do Single Mothers Have in Illinois?

 Posted on June 23, 2026 in Child Custody

In Illinois, single mothers have enforceable rights when it comes to custody, child support, and making decisions for their children. Those rights exist whether you were ever married to the other parent or not. According to the Federal Reserve Bank of St. Louis, there were about 7.7 million one-parent families with children under 18 headed by mothers in the United States in 2025. Many of those mothers are not fully aware of what the law gives them by default and what they still need to take legal steps to secure. 

If you are a single mother and you have questions about your family’s legal situation in 2026, an Orland Park, IL family law attorney can walk you through your options.

What Custody Rights Does an Unmarried Mother Have in Illinois?

When a child is born to unmarried parents in Illinois, the mother has full custody by default. Under 750 ILCS 46/204, a father has a legal presumption of parentage only if he was married to or in a civil union with the mother.

When parents are unmarried, the father has no automatic legal status, so the mother is the legal guardian from birth. The mother is the sole legal custodian from birth and has the right to decide where the child lives, where the child goes to school, and what medical care the child receives.

Without a court order, an unmarried father cannot take the child for visits or make any legal decisions about the child's life. If he wants those rights, he has to go through a formal legal process to get them.

How Does Paternity Affect a Single Mother's Rights in Illinois?

Even though single mothers have automatic custody, establishing paternity still has important legal benefits. A child cannot be covered by the father's health insurance, receive child support, or automatically inherit from him until paternity is legally established.

There are three main ways to establish paternity in Illinois:

• Voluntary Acknowledgment of Paternity: Both parents sign a form to name the father without going to court. This is the most common path when there is no dispute.

• DNA test: When there is a disagreement about who the father is, a judge can order genetic testing to resolve it.

• Court-ordered parentage ruling: A court can determine parentage, even without a VAP or a DNA test.

Once paternity is established, the father can seek parenting time and decision-making rights, but he also takes on a legal duty to support the child financially. That duty usually continues until the child turns 18.

Establishing paternity does not automatically start child support payments, as those are two separate legal steps. Once paternity is in place, you still need to file a separate petition to get a support order entered by the court. 

How Does Illinois Calculate Child Support for Single Mothers?

Illinois uses an income-sharing model to set child support. Under 750 ILCS 5/505, the court adds the parents' net incomes and orders each parent to pay a share of the child's support based on their earnings.

The income shares model uses net income, not gross income. That means the court looks at what each parent actually takes home after taxes and certain deductions. If the other parent is self-employed or has irregular income, the court has tools to determine a fair income figure even when pay stubs are not straightforward.

The basic support amount covers everyday costs like food, clothing, and shelter. Illinois courts can also order the non-custodial parent to contribute to additional expenses, such as health insurance premiums, unpaid medical or dental bills, and childcare costs, to allow the custodial parent to work or attend school. 

Can a Single Mother in Illinois Change an Existing Court Order?

Court orders for parenting time and child support are not always final. If your income, the other parent’s income, parenting schedule, or your child’s needs change in a major way, you can ask the court to review the order.

Under 750 ILCS 5/510, Illinois courts can change child support when there has been a substantial change in circumstances. A court may also review support when the current order differs from the guideline amount by at least 20 percent and at least $10 per month.

Contact an Orland Park, IL Family Law Attorney

Single mothers dealing with custody, child support, or paternity questions deserve strong legal help. The two attorneys at The Foray Hurst Firm are proud members of the Black Women Lawyers' Association, the Black Bar Association of Will County, the Cook County Bar Association, and the National Bar Association. Call 312-702-1293 or reach out to our Joliet, IL child custody lawyers to talk with our team about your case.