Do I Have Any Options if the Father Refuses to Acknowledge Our Baby?

 Posted on February 17, 2025 in Family Law

Sometimes, two people meet, fall in love, get married, and have a baby, and the path they take as a family is fairly straightforward. However, for many people, reality does not follow that pattern. Many children are raised only by their mother and her family. Some mothers do not know who the father is, some refuse to tell the child who it is, and in some cases, everyone involved knows who both parents are, but the father is uninterested in having any involvement. If your child’s father is unwilling to acknowledge the role he plays in your child’s life, speak with an experienced Chicago, IL family law attorney about your options regarding paternity.

How is Paternity Established in Illinois?

Paternity, or the legal recognition of a father, can be established whether or not the father is willing to acknowledge his role in the child’s life. 

Establishing Paternity with a Willing Father

A woman who gives birth to a baby is automatically legally recognized as the mother, and if she is married to a man when the baby is born, he is automatically listed as the father. 

If she is not married and both she and the father want him to be involved, they can sign a Voluntary Acknowledgement of Paternity (VAP). While they are entitled to sign and submit this at any time, if they do so in the hospital at the time of the birth, the father can also be listed on the birth certificate. If they do it at a later stage, the birth certificate will be issued with only the mother’s name and can be reissued with both parents’ names once the VAP is processed.

Establishing Paternity with an Unwilling Father

Some men know that they fathered a child but they try to avoid taking responsibility. If the mother wants to prove he is the father, she has options to pursue through the legal system.

• She can submit a petition to the court to issue a ruling about her child’s parentage. If she does this, she also needs to serve a copy of the petition to the father.

• She can request a court date for a hearing when she files her petition. If the father appears in court to contest his paternity, the judge will typically order a DNA test, the results of which determine what happens next. If the test shows he is not the father, the case is closed. If it shows that he is the father, the judge can declare his paternity and then he will likely be given parental responsibilities like child support. He will also be entitled to certain rights, possibly including parenting time.

• If the father does not appear in court, his paternity can be declared by default, and he will still be legally obligated to fulfill court-ordered parental responsibilities.

Contact a Cook County, IL Paternity Lawyer

If you want to establish the paternity of your child’s father and he refuses to acknowledge it, speak with a qualified Chicago, IL family law attorney at The Law Offices of Curtis Bennett Ross, L.L.C.. Mr. Ross has over 30 years of experience helping clients seek the outcomes they deserve. Call 312-984-1514 to hear more about how the services we provide can support your case.