What Happens If Someone Denies Paternity?

Paternity cases in Illinois can bring questions of legal parentage to the forefront, especially when paternity is denied. Determining a child’s legal father is not just about biology—it often impacts significant rights and responsibilities, such as child support, decision-making authority, and parenting time. If someone denies paternity, Illinois courts follow specific processes to resolve the situation.

The First Steps in a Paternity Dispute

When a person denies paternity, the court’s main goal is to establish legal parentage. If the child’s parents were not married at the time of the child’s birth, no automatic legal presumption of paternity exists for the father. However, there are mechanisms to resolve this issue. The process often begins with a paternity petition filed by either the child’s mother, the presumed father, or, in some cases, the Illinois Department of Healthcare and Family Services.

Once a petition is filed, if someone disputes biological parentage, DNA testing often becomes a critical next step. This testing is highly accurate and establishes parentage with near certainty. Courts may order DNA testing if needed, and both parties will typically need to comply. The results of this test form the foundation of the court’s decision regarding parentage.

Legal Processes After Denial

If DNA testing confirms paternity, the court will issue an order establishing parentage. This legal declaration solidifies the father’s obligations and rights. If the DNA test excludes the person as the biological father, the court may dismiss the case against that individual, freeing them of legal obligations to the child.

However, practical and emotional factors can complicate these proceedings. For example, if someone has already acted as a parent or has an established bond with the child, the case could involve additional considerations.

It’s also important to note that denying paternity unfairly in bad faith—such as attempting to delay financial obligations—can lead to legal penalties. Courts prioritize the welfare and rights of the child in these cases above all else.

The Rights of All Parties

Understanding everyone’s rights during a paternity dispute is essential. A child has the right to support from both parents, regardless of whether they are married. Once parentage is established, the child’s father gains the right to seek an allocation of parental responsibility, which includes both decision-making authority and parenting time under Illinois law.

For the mother, establishing legal parentage provides the foundation for pursuing child support and related contributions, ensuring the child’s needs are met. Denying paternity without cause can create unnecessary legal costs and delays, which every party should seek to minimize.

For the presumed father, it’s critical to know your rights. If there is doubt, DNA testing provides clarity. If someone believes they are being improperly named as a parent, legal representation is essential to navigating court proceedings effectively.

Practical Advice for Those Facing Paternity Denials

Whether you are disputing paternity or seeking to establish it, consulting an experienced family law attorney is vital. This ensures that your rights are protected and that the case is handled fairly and efficiently under Illinois law.

At WARD FAMILY LAW, LLC, we offer compassionate and skilled guidance through every step of your paternity case. From filing initial petitions to dealing with DNA testing and court orders, we are here to help safeguard your interests while prioritizing the child’s well-being. If you have questions about parentage or need legal representation, don’t hesitate to reach out to our team for support.

The paternity process can feel overwhelming, but with the right help, you can move forward with confidence.