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Schaumburg Paternity Lawyer

Hoffman Estates paternity attorney child support fathers' rights

Family Law Attorneys for DNA Testing in Schaumburg

It is usually advantageous for children to maintain close, continuing relationships with both parents, regardless of the status of the parents' relationship. A mother's connection to her child exists at birth, and unless she plans to give the child up for adoption, there is no question that she will remain the child's legal parent. However, the same is not always true for a father and child. Legal paternity may need to be established in certain situations. Doing so can provide benefits not just in regard to a father's rights, but also for the child and other involved parties.

The family law attorneys of A. Traub & Associates have a strong understanding of the laws that affect parents and children, and we can ensure that parents follow the correct procedures when establishing paternity. We can ensure that parents' rights will be protected in these situations while also keeping the best interests of the child in mind as parents address issues related to ongoing child custody.

How Is Paternity Established in Illinois?

The laws of the state of Illinois state that a presumption of paternity exists in the following situations:

  • A person who was married to the child's mother when the child was born is considered to be the child's legal parent.
  • If a couple divorced, became legally separated, or otherwise legally ended their marriage 300 days or less before the date of the child's birth, the mother's former spouse is considered to be the child's legal parent.
  • A person may enter into a marriage with the child's mother after the child's birth and agree to be named as the child's parent on the child's birth certificate.

If a person is not legally considered to be a child's parent, they will not have parental rights until paternity has been legally established. There are a few ways of doing so, including through voluntary agreement by both parents. In these cases, a Voluntary Acknowledgment of Paternity (VAP) may be signed and submitted by the parents, and this will usually allow both parties to be listed as parents on the child's birth certificate.

Paternity cases may be more complicated if one parent denies paternity or if the identity of the child's father is uncertain. In these situations, paternity may be established through an administrative process or via a court order. The Department of Children and Family Services (DCFS) may work with both parents to determine whether they will agree on the identity of the father, and an administrative paternity order may be created and submitted. If paternity is contested, a court hearing may need to be held, and a family court judge may order genetic testing to determine whether the alleged father is the child's biological parent. Since DNA testing is typically very accurate, a test that shows that a parent/child relationship exists will usually be sufficient evidence to name a person as the child's legal parent.

The establishment of paternity will provide both parents with parental rights. If the parents are not currently in a relationship, they may take steps to address custody of the child and create a parenting agreement. This agreement will allocate parental responsibility between the parents, and it will determine when the parents will spend parenting time with the child. It will also establish child support orders requiring both parents to contribute financially toward meeting the child's needs. A legal parent/child relationship will also allow the child to access family medical history when necessary, receive an inheritance from both parents, and obtain certain types of benefits through a parent.

Contact a Schaumburg Paternity Lawyer

Children can often benefit by maintaining relationships with both of their parents, and by establishing paternity, a parent can make sure their child will have the necessary financial support. The family law attorneys at 630-426-0196 can help you legally establish paternity for your child, and as you address issues related to child custody, we can make sure that the child's best interests will always be kept in mind. Give us a call today at 630-426-0196 or fill out an online contact form and set up a consultation to learn about how we can help you address family law concerns related to your child or other family members.

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