What is the custody status of a child whose parents have never been married, according to Illinois law?

Prepare for the Illinois Certified Domestic Violence Professionals Test. Study with flashcards and multiple choice questions, with hints and explanations provided. Get ready for your certification!

The correct choice highlights that in Illinois, when parents have never been married, the mother is automatically granted legal custody of the child unless a court order states otherwise. This legal provision recognizes the mother's primary role in the child's upbringing, particularly in situations where the paternity has not yet been legally established or acknowledged through court processes.

While fathers have rights and can seek legal custody or visitation through the court, the default status does not grant them custody simply based on dispute. In cases where shared custody is desired or deemed appropriate, it must be established through legal proceedings, not assumed as mandated. The idea that legal custody would default to the state until the parents marry is also incorrect; custody arrangements are typically determined based on the circumstances and best interests of the child rather than marital status. Thus, the clarification provided by the correct option aligns with Illinois law regarding custody in these specific situations.

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