Illinois Mother Rights Custody & Visitation

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When discussing "mother's rights" in Illinois, it's important to understand that the legal framework focuses on the "best interests of the child" and "allocation of parental responsibilities," rather than assigning specific rights based solely on gender. Here's a breakdown of key aspects:

Key Concepts:

Allocation of Parental Responsibilities:
- Illinois law has moved away from the term "custody" and now focuses on the allocation of parental responsibilities. Illinois includes decision-making (legal custody) and parenting time (visitation) interwoven within mother's rights custody and visitation.
- The court's priority is to determine what is in the child's best interests.
Best Interests of the Child:
- This is the guiding principle in all child-related legal decisions.
- Courts consider various factors, including:
  - The wishes of the child and parents.
  - The child's adjustment to home, school, and community.
  - The mental and physical health of all parties involved.
  - The ability of parents to cooperate.
Parenting Time:
- Both parents are presumed to be fit, and the court aims to facilitate a close and continuing relationship between the child and both parents.
- Parenting time schedules are determined based on the child's best interests.
Unmarried Mothers:
- In Illinois, an unmarried mother generally has sole custody until paternity is legally established.
- Once paternity is established, both parents have equal rights.
Adoption:
- Illinois has specific laws regarding the rights of birth mothers within the adoption process. These laws are designed to protect the birth mothers rights, and to make sure that the birth mother is making informed decisions.

Where to Find More Information:

Illinois General Assembly:
- For the full text of relevant statutes, you can refer to the Illinois Compiled Statutes, particularly the Illinois Marriage and Dissolution of Marriage Act.
Illinois Department of Children and Family Services (DCFS):
- DCFS provides information on child welfare and adoption-related matters.
Legal Professionals:
- It is highly recommended to consult with a qualified attorney specializing in family law for personalized legal advice.

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