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A father's rights are the same as the mother's once paternity has been established. To get the right to see your child and be a part of major decisions in their life, you must file for a child custody order because, in practice, fathers have no legal right to see the child without a court order.

Visitation Rights in Illinois In most cases, a non-custodial parent is entitled to at least the minimum visitation schedule of time with their child, which includes one night per week, overnights every other weekend, and an extended summer visit.

A mother cannot deny a father access to their child if there is a custody order in place. If there is no order in place, then the mother isn't really breaking the law by withholding the child.

Your petition must include basic information about both parents and your child, and your detailed request for visitation. This document needs to be filed in the appropriate court, which is generally the court where your divorce, parentage, or custody case was heard.

The petition may be submitted independently or as part of a divorce, separation, order of protection or parentage case. You must file all forms electronically, unless you have been granted an exemption. Unless you qualify for a fee waiver, you will have to pay filing fees, usually around $300.

This document needs to be filed in the appropriate court, which is generally the court where your divorce, parentage, or custody case was heard. After you have filed your petition, you will need to serve it on the other parent, ask the court for a hearing date, and notify the other parent of the hearing date.