Do you need help establishing paternity or contesting paternity in Chicago, IL? KHK Family Law & Divorce Attorneys are here to guide you. Contact our law firm to schedule a free consultation at (312) 702-0068 with a Chicago paternity lawyer to discuss your case.
Paternity can play a critical role in a number of family law disputes. Establishing paternity in Chicago, IL, can be critical to both the father’s and child’s rights. Our lawyers have over 68 years of experience handling sensitive family law matters. We’re here to provide the support you need during this complicated time in your life. Reach out our Chicago, IL offices today to get started!
Why Should You Call KHK Family Law & Divorce Attorneys for Assistance Handling a Paternity Matter in Chicago?
Paternity is almost always an incredibly sensitive matter. It can be devastating for a mother when their child’s father refuses to take responsibility for the child. It can also be traumatic when the child’s mother refuses to respect your rights.
Our Chicago family law attorneys are here to help you navigate these complex legal matters.
When you hire KHK Family Law & Divorce Attorneys to handle your family law matter, you’ll gain an experienced advocate to:
- Help you understand all of your legal rights and the legal issues that are likely to arise
- Handle the paperwork, court filings, and administrative issues
- Gather and present evidence that can be used to prove or disprove paternity
- Represent you at all court hearings
- Protect your right to parenting time or child support once paternity is established
- Engage in mediation designed to reach a workable solution with minimal court intervention
- Vigorously advocate for you at trial when necessary
Your relationship with your child is incredibly important. You want to protect them in any way you can. Our experienced Chicago family lawyers will do everything we can to help. Contact us today to get started.
Paternity Can Impact Both Child Support Obligations and Child Custody Rights in Chicago
Paternity is defined as the legal relationship between a father and child in Illinois.
From an initial legal perspective, fathers in Illinois both:
- Have a legal obligation to support their biological children financially, so establishing paternity can be critical to establishing their child support obligations
- Have legal rights in terms of child custody, visitation and parenting time
These rights and obligations can only be enforced if there is proof that the individual is the child’s parent. Identifying the child’s mother is, of course, typically very straightforward. Identifying a biological father can be much more complicated.
Establishing paternity can also be important to:
- Establish a child’s right to Social Security benefits based on a father’s earnings record
- Secure veteran’s benefits
- Understand the child’s genetic history when medical issues arise
- Secure a right to health insurance or life insurance benefits
- Secure a right to inheritance under state intestate laws
Knowing the child’s biological parents can also be critical to a child’s health, well-being, and sense of security.
How Is Paternity Established in Illinois?
Disagreements over a child’s biological parentage are more common than you might think. Paternity in Illinois can be established in one of several different ways.
Marriage or Civil Union
If two individuals are married or in a civil union at the time of the child’s birth, the man is presumed to be the child’s parent in Illinois. Under Illinois law, a presumption of paternity also exists if the two individuals were in a marriage or civil union within the 300 days prior to the child’s birth.
Voluntary Acknowledgement of Paternity
If two individuals are unmarried at the time of the child’s birth, they can sign a voluntary acknowledgment of paternity (VAP). The form is filed with the Illinois Department of Healthcare and Family Services (HFS). It’s important to note that signing the birth certificate alone is not enough to legally establish paternity.
The form can be obtained in many different places, including:
- Hospital staff
- A local child support office
- The HFS website
- A county clerk’s office
- The Department of Human Services Offices
- State or local registrar’s offices
To ensure the form is legally binding, it must be signed, dated and the signing must be witnessed by someone who is at least 18 years old (and not listed on the form).
If properly completed and filed, the VAP is a binding legal document that proves paternity. However, the parties have 60 days to change their mind. If one party changes their mind, they must sign and file a Rescission of Voluntary Acknowledgement of Paternity with HFS within 60 days from the VAP’s effective date.
After 60 days pass, court action will be required to challenge the former acknowledgment of paternity.
Administrative Paternity Orders
Obtaining an administrative paternity order from Child Support Services may be possible. Child Support Services can order a presumptive father to submit to genetic testing to establish parentage. This route is typically taken by mothers who want the other party to pay child support.
Court Orders
If there is no VAP, a court order may be necessary to establish paternity. The person seeking to establish paternity must typically file a petition with the family court in the county where the child lives. Mothers, children, and men who believe they are a child’s biological father can all file for a court order to establish paternity.
The petitioning party must serve the other party with a petition and summons before court proceedings occur. Service of process can be complicated. A lawyer can help you fill out the paperwork that is required in your case and deliver that paperwork to a local sheriff for physical service.
The court will schedule a hearing and evaluate each party’s arguments and evidence. If there is disagreement, the court will likely order the man to take a paternity test. These DNA tests can accurately establish paternity with a simple cheek swab.
Are There Any Reasons a Father Might Contest Paternity in Chicago?
Most often, a father might contest paternity in order to avoid the financial responsibilities associated with biological parentage.
A challenge may be based on:
- DNA evidence that the man is not the child’s biological parent
- Evidence of the man’s infertility
- New evidence to suggest a man is not the child’s biological parent
Learning that you may not be your child’s biological father can be devastating. However, Illinois family courts don’t take petitions to challenge established paternity lightly. If a VAP is in place, it can only be challenged in situations involving fraud, distress, or material mistake of fact.
Courts will evaluate all of the circumstances when determining whether to relieve a father of his child support obligations. It’s critical to have an experienced Chicago paternity attorney on your team from day one if you plan to challenge paternity. Contact our law firm today to learn more about the best way to proceed.
What Considerations Are Important to Mothers in Paternity Dispute Cases?
Mothers typically wish to establish or disprove paternity for two reasons:
- To enforce a biological father’s child support obligations if he claims he is not the father
- To secure full custody of a child in situations where someone who is not the father claims he has parental rights
Both situations can be incredibly complex. When domestic violence is an issue, it can be critical to prove a man is not the child’s father to keep them safe. Our lawyers are prepared to handle any issues that arise, so give us a call for legal assistance today.
What Happens Once Paternity Has Been Established in Illinois?
Establishing paternity doesn’t automatically give a biological father the right to custody. It also doesn’t mean the mother will automatically receive child support payments. Of course, it’s always possible for the parties to agree to a custody and child support schedule. A lawyer can help you negotiate a favorable arrangement and document it from a legal perspective.
In cases involving serious disagreement, court intervention may be necessary.
Courts always make decisions about child custody based on what is in the best interests of the child. This is the standard in cases involving both physical custody and legal decision-making authority.
Relevant factors include:
- The child’s needs
- The child’s wishes, depending on age and maturity
- Each parent’s prior relationship with the child
- Each parent’s physical and mental health
- The parents’ ability to cooperate
- Any credible threats of abuse or violence
- The distance between the parent’s residences
- Any factor the court deems relevant
Child support decisions are made based on Illinois child support guidelines. Of course, these guidelines consider each parent’s financial resources, the division of physical custody, and any other relevant factors.
Contact an Experienced Chicago Paternity Lawyer To Arrange a Consultation Today
Whether you’re trying to establish or contest paternity, it’s critical to have an experienced Chicago paternity lawyer handling the legal issues. Cases involving paternity disputes are often emotionally charged and can quickly become messy. Our experienced team at KHK Family Law & Divorce Attorneys is here to help. Contact us today for an initial consultation.
Visit Our Divorce & Family Law Office in Chicago, IL
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St Ste 400, Chicago, IL 60602, United States
(312) 702-0068