Kane County Parentage Lawyers
Knowledgeable Paternity Attorneys Serving Geneva, Batavia, and Aurora, IL
Numerous changes in Illinois family law have gone into effect as of January 1, 2016. Some of these changes have been to parentage (also known as paternity) laws. The Illinois Parentage Act of 1984 (IPA84) was repealed and replaced with the Illinois Parentage Act of 2015 (IPA15) in an effort to make the law more relevant and applicable to shifting cultural norms. While many parts of the previous law remain in effect, the new law has some significant differences. At Shaw Family Law, P.C. our attorneys are fully up-to-date on all aspects of IPA15. We can explain what has changed, what has remained the same, and how the new law will be applied in your specific circumstances.
Understanding the Illinois Parentage Act of 2016
The previous version of parentage laws in Illinois, IPA84, was in place for over 30 years and in need of a significant overhaul. That is exactly what it got as of 2016. The new law features changes in three key areas of the law including:
- Gender neutrality – The old law referred to "mothers" and "fathers. The new law takes into account the many different types of families formed through civil unions, same-sex marriages, and same-sex adoptions. Consequently, the new law references each "parent" and does not depend on gender.
Presumption of parentage – The new law provides four rebuttable circumstances whereby an individual will be presumed to be the parent of a child. These circumstances include:
- If a child is born into a marriage or civil union.
- If a child is born within 300 days of terminating a marriage or civil union.
- If a child is born within 300 days of the end of an invalid marriage or civil union.
- If a parent enters into a relationship with the child's mother and is listed as a parent on the birth certificate.
- Gives the court the ability to deny DNA testing – If the court feels it is in the child's best interests to deny a motion to compel DNA testing, then it can. The court will consider a lot of factors including the child's age and the length of the parent-child relationship when making its decision.
- Includes college expenses in child support - Specifically includes Section 513 from the Illinois Marriage and Marriage Dissolution Act (IMMDA), which grants money for college expenses for non-minor children as part of child support agreements under certain conditions.
As with the adoption of any new law, there will likely be a learning curve in the legal community as attorneys get used to these changes. That is why it is so important to find an attorney who understands the changes to the law and how to provide strong advocacy for clients involved in parentage disputes.
Contact Our St. Charles Paternity Lawyers
If you are involved in a parentage dispute and are seeking knowledgeable counsel, contact Shaw Family Law, P.C. by calling 630-584-5550 to schedule a free consultation. We will listen to the specifics of your case and discuss your legal options. Our attorneys understand the high stakes involved in parentage cases, and we fight to make sure your rights and your child's rights are protected at every point in the legal process. We work with clients throughout Northern Illinois including Kane, Kendall, DeKalb, and DuPage Counties.