Paternity is the legal establishment of a father-child relationship. Establishing paternity gives the child the right to financial support from both parents, access to the father's health insurance and benefits, inheritance rights, and a connection to the father's family. It also gives the father legal standing to seek parenting time and decision-making rights.
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Paternity & Parentage Cases
Skilled Parentage and Paternity Lawyers in Chicago
In the cases where a man and woman are not married and have a child, a paternity (or parentage) case is applicable. The court has the power to determine parentage legally, establishing who a child’s father is or is not under the law. The court will also address all other relevant issues pertaining to the child under Illinois law, as many of the laws that apply to divorcing couples are the same for non-married parents as it applies to their minor children.
WARD FAMILY LAW, LLC, handles many parentage cases and has broad success in meeting our client objectives and goals as it relates to everything from establishing parentage to child support and child-related expense contribution to the allocation of parental responsibility in the form of decision-making and parenting time. Contact our experienced attorneys today to learn more about parentage cases and how we may be able to help you.
Frequently Asked Questions
How is paternity established in Illinois?
Paternity can be established voluntarily by signing a Voluntary Acknowledgment of Paternity (VAP), filed with the Illinois Department of Public Health. If paternity is disputed, it can be established through a court-ordered DNA test. Once genetic testing confirms a match, the court enters a finding of paternity.
What is a Voluntary Acknowledgment of Paternity?
A VAP is a legal document signed by both parents acknowledging that a specific man is the legal father of the child. Once properly executed and filed, it has the same legal effect as a court order establishing paternity.
Can a VAP be rescinded in Illinois?
Yes, but only within 60 days of signing. After 60 days, a VAP can only be challenged in court based on fraud, duress, or material mistake of fact. If you have signed a VAP and have doubts about biological paternity, consult an attorney immediately.
What happens if a man denies being the father of a child in Illinois?
Either parent can file a petition for parentage with the circuit court. The court can order DNA testing. If testing establishes a match above 99.9%, the court will typically enter an order of paternity, after which the father may be subject to child support obligations.
Can a father be ordered to pay child support retroactively in Illinois?
Yes. Once paternity is established, a court can order retroactive child support going back to the date of the child's birth or the filing date, depending on circumstances. This can result in a significant retroactive support obligation.
What rights does an unmarried father have once paternity is established?
Once paternity is established, a father has the right to petition for parenting time and a role in major decisions about the child's life including education, healthcare, and religious upbringing.
Can paternity be established if the father is deceased?
Yes, in certain circumstances. Posthumous paternity can be established through DNA testing of the deceased or close relatives, through prior acknowledgments, or other evidence. This can be important for inheritance rights and Social Security survivor benefits.
What if I am being falsely named as a child's father?
Do not sign a VAP and consult an attorney immediately. Request DNA testing through the court process. If testing excludes you as the biological father, the court will vacate any paternity finding. Do not delay — responding promptly is critical.
How do I start the paternity process in Cook County?
A Petition to Establish Parentage is filed with the Circuit Court of Cook County in the Domestic Relations Division. An experienced Chicago paternity attorney can prepare and file all necessary documents, request DNA testing if needed, and represent your interests throughout.
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