When a child is born to a couple that is married, it is legally presumed that the husband is the biological father of the child. However, if the child’s parents are not married, the mother retains sole physical and legal custody of the child until paternity is established. This means that the child does not automatically have a legal relationship with the father. The mother has absolute discretion to make important decisions on behalf of the child, including giving the child’s father visitation rights if she wishes.
If the child’s father wants to have a relationship with the child and have a voice in his upbringing, it is crucial that he establishes paternity. There are several ways to determine paternity:
- Conducting blood and DNA testing to establish the likelihood of the man being the child’s father.
- Both parents sign a declaration of paternity in a state-approved form in which both parents agree to the identity of the child’s father and sign their names before witnesses.
- If a man “holds the child out,” meaning that he cares for the child and financially provides for the child for a given period.
- Both parents agree to put the father’s name on the child’s birth certificate.
After establishing paternity, the father has responsibility and rights equal to the mother. A man may want to establish paternity so that he can have an ongoing relationship with his child. He might also want to establish paternity to rule himself out as the father of the child. The child’s mother may wish to establish paternity to get child support from the father.
Get Legal Guidance Personalized For Your Own Circumstances
Hurst, Kay, Allen & Stambler, LLC, is an experienced team of attorneys in Chicago who have helped thousands of individuals with family law matters. Our lawyers will answer your questions about parenting and visitation law in Illinois and deliver sound advice. Call today, 312-782-2400, or send an email.
Types of Paternity Cases We Handle in Chicago
Paternity cases in Illinois cover a wide range of legal situations that affect both parents and children. Understanding the types of matters a Chicago paternity attorney handles can help you determine what kind of legal support you may need.
- Establishing Paternity for Unmarried Parents — When a child is born to unmarried parents, legal paternity is not automatically established in Illinois. This process can be initiated voluntarily through a Voluntary Acknowledgment of Paternity (VAP) form or through a court order, and it sets the foundation for parental rights and responsibilities.
- DNA Testing and Genetic Testing Orders — When parentage is disputed, a court can order genetic testing to establish or disprove a biological relationship. This testing is often the starting point for broader legal proceedings involving custody, support, or inheritance rights.
- Child Support Based on Paternity — Once paternity is legally established, either parent can pursue a child support order. Illinois courts calculate support based on both parents’ incomes and the amount of time each parent spends with the child, following state guidelines.
- Custody and Visitation Rights — A father whose paternity has been legally recognized has the right to seek parenting time and decision-making authority. These matters are decided based on the best interests of the child, not solely on biological connection.
- Disestablishment of Paternity — In some situations, a man who has been legally recognized as a father may seek to disestablish paternity when new evidence, such as DNA results, shows he is not the biological parent. Illinois law places specific time limits on these actions, making prompt legal attention important.
- Paternity Fraud Cases — When a person has been misled into believing they are a child’s biological parent, there may be grounds for legal action. These cases often involve revisiting existing support orders or custody arrangements.
- Legitimation and Birth Record Amendments — After paternity is established, a parent may pursue changes to the child’s birth certificate to reflect the legal father. This step carries long-term significance for the child’s identity, inheritance rights, and access to benefits.
- Paternity in Adoption Proceedings — Before a child can be adopted, the parental rights of the legal father must be addressed. Establishing or terminating paternity is often a necessary step in the adoption process.
- Interstate Paternity Disputes — When parents live in different states, determining which state has jurisdiction over paternity and support matters adds another layer to the case. Federal law, including the Uniform Interstate Family Support Act (UIFSA), governs how these situations are handled.
According to the Illinois Department of Healthcare and Family Services, establishing paternity gives children access to important benefits including medical history, financial support, and inheritance rights. If you are dealing with a paternity matter in the Chicago area, Hurst, Kay, Allen & Stambler, LLC is available to discuss your situation and help you understand your options under Illinois law. Reach out today to speak with a paternity lawyer in Chicago about the specific circumstances of your case.
