Common Paternity Issues in Illinois

 Posted on March 09, 2023 in Paternity

Illinois state law defines paternity as being a legal relationship between a father and their child. After paternity is established, the father can put his name on the child’s birth certificate and will also be granted certain legal rights. 

Whereas paternity is typically straightforward for married couples, unmarried couples can face additional issues that may be more complicated. The husband is generally presumed to be the father when a married couple has a child, but unmarried fathers often need to sign a Voluntary Acknowledgement of Paternity (VAP) or establish paternity through other means. 

Paternity Actions in Cook County 

Common kinds of paternity actions often include establishing paternity by consent of the parents, contested paternity suits, and suits to establish the non-existence of a father-child relationship. 

A court may order a paternity action when either parent requests it, or if any other legal matter requires such an action in order for the resolution of that case. For example, should either parent request child support, then the court may order a paternity action to establish who the legal father is.

There can also be situations in which a father denies that he is the biological parent of a child. He may be asked to pay child support or  other court-ordered payments, and if he denies that he is the father, a DNA test may be necessary to prove or disprove paternity.

During a DNA paternity test, a sample of the father’s and mother’s DNA is taken using a simple cheek swab of the inside of the mouth. The test helps to determine whether the alleged father is indeed biologically related to the child in question. After a paternity judgment, both parents may seek an order for parental responsibilities, parenting time, and child support.

Contact our Chicago Family Law Lawyer

Are you dealing with any kind of paternity issue relating to your child? Make sure you contact Cook County paternity attorney Curtis Ross so you can fully understand all of your options. Attorney Curtis Ross is experienced in a wide range of family law matters. He can provide legal representation during paternity hearings, help you file court petitions, and provide trustworthy legal advice. 

Any parent dealing with paternity issues will want to be sure they retain legal counsel so they can have the best chance of achieving the most favorable outcome in their case. Call 312-984-1514 or contact us online to set up a consultation.

Sources:

https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2097&ChapterID=59