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.