How Do I Establish Paternity in Illinois?

 Posted on June 15, 2016 in Paternity

In order for a father to retain the legal rights and responsibilities of parenthood, paternity needs to be established. In the absence of an adoption or other extenuating circumstances, if the mother of the child is married to a man at the time that she got pregnant and/or the time that she gives birth to the child, then her husband is the presumptive father. In all other cases, paternity needs to be established.

Alleged Father

When a woman gives birth and she is not married now and was not married when the child was conceived, she will name a person as the “alleged father.” The alleged father is not considered the legal father until other conditions are met. If the alleged father agrees that he is the father and he is around and available, then both parties will complete a Voluntary Acknowledgement of Paternity form. This form needs to be signed by both parties in front of a witness. This is generally the easiest way for paternity to be established, but it requires both parties’ consent.

Orders of Paternity

There are also two other ways that an alleged father can become a legal father, but these both require court intervention. One way that legal paternity can be established is through an “Administrative Paternity Order.” Administrative Paternity Orders are generally ordered by the state child support agency. Another way that legal paternity can be established is through a judge approving an Order of Paternity. Judges and child support agencies can issue these Orders of Paternity after genetic testing proves who is the biological father.

Genetic Testing

Genetic testing is how courts ultimately establish paternity if there is no presumption of paternity or no Voluntary Order of Paternity. Genetic testing no longer requires a blood test but instead just takes a slight scraping of cells from the possible father’s cheek. The DNA of those cells is compared to the DNA of the child’s cells and then someone can conclusively be either ruled out as the father or proven to be the biological father of the child.

Why Establish Paternity?

There are several reasons that both parties may want to establish paternity. Having paternity established can give the father the rights of fatherhood including the ability to petition for custody and visitation. It also allows the child to be added to the father’s insurance policies and be eligible for certain benefits. If the mother is the custodial parent she will need to establish paternity to be able to get an order for child support.

DuPage County Paternity Attorneys

If you need to establish paternity, object to being named an alleged father, or require any other changes in establishing paternity, you need a skilled lawyer to help you make sure you get the outcomes you want and understand how that may change your rights and responsibilities. Our dedicated DuPage County paternity lawyers at Davi Law Group, LLC can assist you with any changes to paternity that you need.

Sources:

http://www.childsupportillinois.com/general/hfs1759.html

http://www.statesattorney.org/childsupportparentage.html