Can I Fight a Claim of Paternity?

 Posted on June 14, 2025 in Paternity

If someone has named you as the biological father of a child in Illinois, you do not have to accept it if you think it is untrue or meant to embarrass you. You have the legal right to challenge paternity through the courts, but it is essential to act quickly to protect yourself and your future.

In Illinois, paternity law is governed by the Illinois Parentage Act of 2015. This statute outlines how paternity is established and how it can be contested. As of June 2025, a man can fight a false paternity claim by filing a petition to contest parentage in the Circuit Court of the county where the child or alleged father resides. Call our Kane County, IL family lawyers to learn more. 

What Should I Do If I Am Falsely Accused of Being a Child’s Father?

If you have been served with a notice of paternity or child support and do not believe you are the child’s biological parent, you must respond. Ignoring the claim can lead to a default judgment, which may obligate you to pay child support even if you are not the father.

In St. Charles and throughout Kane County, the legal process to dispute paternity typically begins with DNA testing. You can ask the court to order genetic testing to determine biological fatherhood. If the test says you are not the father, the court can dismiss the claim.

When Can Paternity Be Contested in Illinois?

Timing is critical when it comes to fighting a paternity claim. The Illinois Parentage Act sets specific deadlines for contesting paternity. Generally, you must challenge a voluntary acknowledgment of paternity (VAP) within 60 days of signing it, or within six months if you can show fraud, duress, or a mistake of fact. For example, a man might sign a VAP at the hospital if he believed that a child was his. However, if he later found out that the mother had been cheating on him and that the child was fathered by another man, he could challenge the VAP. 

Even if a VAP was not signed, you can still contest a presumption of paternity — for example, if the child was born while the mother was married to someone else — by filing in court. However, after a certain point, Illinois law may prevent further challenges, especially if the child has developed a relationship with the presumed father.

What Are the Risks of Not Fighting a False Paternity Claim?

If you do not assert your rights, you could be held legally responsible for child support, health insurance, and even future college expenses. You might also be barred from fighting paternity later on, even if DNA proves you are not the father. That is why fast help from a lawyer is so important.

Can Mediation Help with Paternity Disputes?

Mediation can help in some cases. At Shaw Sanders, P.C., we often begin with mediation – when appropriate. Our lead attorney is an experienced family law mediator who helps clients reach resolutions out of court. However, when accusations are false or contested and mediation is not effective, we are fully prepared to litigate aggressively to protect your rights.

What if the Woman Who Says I Am the Father Refuses to Cooperate?

If the mother refuses to take a child for DNA testing, the court may issue an order forcing her to cooperate. A refusal to comply with that order can lead the court to lend more weight to the claims of the man who says he is not the father.

Do I Need an Attorney to Contest Paternity?

Yes, you should have an attorney. Paternity cases involve strict deadlines and detailed procedural rules. An experienced paternity attorney can help you file the right documents, gather the necessary evidence, and make your case before a judge. At our firm, we understand the seriousness of a false paternity accusation and will work to solve the matter through negotiation or fight for you in court when necessary.

Contact a Kane County, IL Paternity Lawyer

If you are facing a paternity claim you want to contest, contact a St. Charles, IL paternity lawyer at Shaw Sanders, P.C.. We offer free consultations to help you understand your rights and next steps. Call 630-584-5550 to get started.