What Happens If Paternity is Contested?

Paternity issues lie at the heart of many family law cases and can influence everything from financial obligations to parental rights. Contesting paternity adds a layer of complexity to these cases, as it challenges established legal and biological assumptions. Whether you are the presumed father or a parent seeking to challenge or confirm paternity, it is essential to understand the legal standards, processes, and outcomes. At WARD FAMILY LAW, LLC, we bring clarity to these emotionally charged matters, offering professional support every step of the way.

Legal Grounds for Challenging Paternity

Challenging paternity involves disputing the biological fatherhood of a child, with the aim of either verifying or disproving it. Consequently, Illinois law allows certain parties to challenge paternity under specific circumstances.

Who Can Contest Paternity?

Challenges may be initiated by several parties, including:

• The alleged father who disputes biological parenthood.
• The child’s mother or legal guardian acting on their behalf.
• A representative of the child, such as a state agency, if the child’s welfare is at stake.

Valid evidence is needed to challenge paternity in Illinois. Potential legal grounds include:

• Previous Errors in Genetic Testing: Faulty DNA or lab handling errors may result in inaccurate paternity determinations.
• Fraud or Deliberate Misrepresentation: When one party provides misleading information about the child’s parentage.
• Material Mistake of Fact: Both parties acted based on incorrect assumptions, such as unawareness of another potential biological father.
• Sterility or Infertility: Presenting proof that the presumed father could not biologically father the child.

Illinois courts treat these claims seriously, provided they are substantiated with credible evidence.

Legal Processes for Contesting Paternity

Once the challenge has been filed, specific legal procedures are followed to resolve the matter. Contesting paternity is no simple endeavor and often involves administrative hearings or court proceedings.

Step 1: Filing a Petition

To officially contest paternity, the party must file a motion with the court. Notice is provided to all relevant parties, allowing them time to respond or prepare for hearings.

Step 2: DNA Testing

The court typically orders DNA testing to determine biological parentage with a court-approved facility. This non-invasive process involves swabbing the interior cheek of the mother, child and alleged father to compare genetic markers. DNA testing is highly accurate and often pivotal in contested cases.

Step 3: Hearings and Evidence Presentation

The court or administrative hearing officers will review all evidence, including DNA results, testimonial accounts and legal documents such as affidavits of paternity. The ultimate goal is to determine whether the existing paternity designation stands or requires modification.

Step 4: Resolving the Case

Should the court find that paternity was wrongly established, it can issue a new judgment reflecting the biological reality. For the presumed father, this may mean termination of child support obligations. On the other hand, establishing paternity for the correct individual will impact the allocation of parental responsibilities.

Address Paternity Matters With Confidence

Contesting paternity can reshape family dynamics and legal responsibilities, making this an especially sensitive area of family law. These cases demand a balance of thorough evidence gathering and skilled legal advocacy to ensure fair outcomes for all parties involved, particularly the child.

At WARD FAMILY LAW, LLC, we understand the complexities and emotional toll of paternity disputes. Our experienced attorneys are committed to pursuing resolutions that prioritize your family’s best interests. If you have questions or need assistance with a contested paternity case, contact us today to schedule a consultation.