When a baby is born to unmarried parents in Illinois, the father is usually not automatically recognized as the child’s legal parent. Establishing legal paternity requires further action through either the Illinois court system or the Department of Healthcare and Family Services. Though it may seem daunting to attempt to resolve a legal matter, establishing paternity can actually be quite simple, and it can offer significant benefits for everyone involved.

Benefits for the Child

The most important reason to establish legal paternity is to better provide for the child’s needs. A man who has been recognized as a child’s legal father is required to contribute his fair share to child support, including for basic childcare expenses and any extraordinary needs that the child may have. A child may also be entitled to many other benefits through their legal father, including military and veteran’s benefits, Social Security benefits, health insurance benefits, and inheritance benefits.

Benefits for the Father

While establishing paternity comes with financial responsibility for the father, it also provides crucial benefits for fathers who want to protect their relationships with their children. Without establishing parentage, a father has no standing to pursue parental responsibilities or parenting time. However, upon being recognized as the child’s legal parent, a man can petition for these parental rights. An unmarried father can even be granted sole or primary custody if the court determines that doing so is in the child’s best interests.

Benefits for the Mother

For the child’s mother, establishing a man’s paternity can not only provide peace of mind that the child will be provided for, but it can also help the mother secure valuable assistance. A mother with limited financial means may depend on a father’s child support contributions to provide for the child’s needs. If the mother and father can agree to an arrangement for sharing parenting time and parental responsibilities, the father can also support the mother in their mutual duty to raise the child and provide emotional support.

Options for Establishing Paternity in Illinois

The most straightforward way to secure all of the benefits of legal paternity is for both parents to sign a Voluntary Acknowledgment of Paternity (VAP) at the hospital when the child is born. If this is not possible, either parent can petition the court for adjudication of paternity, either for the purposes of securing child support or grounds to pursue parental rights.

Parents have a moral and legal obligation to help support their children. Unfortunately, getting the financial support you need as a single parent can be complicated if a parent does not cooperate. If you are a mother who wishes to get child support from your child’s father, there are several steps you may need to take. If you were not married to the child’s father when your child was born, there is no legal presumption of paternity. You may need to establish the father’s legal relationship to the child before you can get child support from him.

When the Father Acknowledges His Parentage

If your child’s father acknowledges that he is the child’s biological father, the process of establishing paternity is much easier. You can establish the legal relationship between your child and the father using a document called a Voluntary Acknowledgement of Paternity (VAP). You and the child’s father simply fill in the required information, include copies of your government-issued IDs, and sign the document. Unfortunately, the process is more involved if the father does not voluntarily acknowledge his parentage.

Establishing Paternity When the Father Refuses to Sign the VAP

If the father does not think that he is the child’s biological father, wants to evade financial responsibility for the child, or otherwise refuses to sign the VAP, you may need to get an administrative paternity order. The Illinois Department of Healthcare and Family Services (DHFS) is the branch of the Illinois government that deals with paternity issues. The DHFS will contact the father and try to establish paternity without needing to go through the courts. If the father does not believe that he is the child’s biological father, the DHFS will schedule DNA paternity testing. If the father does not show up for the paternity test, the DHFS may automatically deem him to be the child’s father.

In some cases, you may need to take legal action to establish paternity. If you seek to establish paternity through the court, you and the alleged father will be asked to attend a paternity hearing. If the father does not attend the hearing, he may be declared the father by default. Once paternity has been established, you can start the process of requesting child support.

Contact a Kane County Paternity Lawyer

If you want to secure child support from your child’s father, you will first have to establish his paternity. For help establishing paternity, requesting child support, enforcing a current child support order, and much more, contact a St. Charles family law attorney at Shaw Sanders, P.C. Call 630-584-5550 for a free consultation.

When a woman gives birth to a child, she automatically becomes the child’s legal mother. Similarly, when a married woman gives birth, her husband is presumed to be the child’s father. The father will not need to take any additional steps to become the legal parent of his or her child. However, the same is not true for unmarried fathers. An unmarried father must formally establish paternity in order to be the official parent of his child. There are several ways that parents can establish paternity in Illinois.

Voluntary Acknowledgment of Paternity

The easiest and most straightforward way to establish paternity in Illinois is for both parents to sign a Voluntary Acknowledgement of Paternity (VAP). A VAP form is typically available at the hospital after the baby is born. You can also obtain a VAP through the county clerk's office, local registrar of vital records, local Department of Human Services office, or child support services office. A VAP must be signed by both parents, so this option may not work in some situations. If your child’s father does not acknowledge his parentage, he will likely refuse to sign a VAP. In this case, you will need to pursue other avenues for establishing paternity.

Administrative Paternity Order

If your child’s father contests that he is the biological father of your child, you may need to pursue an administrative paternity order. The Illinois Department of Healthcare and Family Services (DHFS) will first act as a liaison and attempt to establish paternity without the need for legal intervention. If the biological relationship between the alleged father and child is in question, the DHFS will schedule DNA testing and require the father to attend an interview. If the father does not show up to the interview, the DHFS can declare him to be the child’s legal father by default.

Court Intervention

In some situations, paternity cannot be established outside of court. If court intervention is necessary, the DHFS is represented by the State’s Attorney’s Office during the paternity hearing. Both parents are required to attend the court hearing. If the father is not present at the paternity hearing, the judge can establish paternity in his absence.

After paternity is established, the father will be subject to Illinois laws regarding child support. However, establishing paternity does not automatically establish child support. You will need to obtain a child support order through the family courts in order to start receiving child support.

For married couples, "proving paternity" is not much of a process and more of an assumption. For those who are not married, proving paternity can be a difficult legal situation. Some fathers do not want to be tied to their child to avoid parental and financial responsibilities. On the other hand, some mothers do not want their child’s father in their life and will avoid telling the biological father that the child is theirs. Regardless of the situation, proving paternity is important for multiple reasons. Not only should the child know for their own peace of mind, but there are also legal and health benefits. Legally, a child will receive financial support payments as well as social security or veterans’ benefits. A child should also know their father in order to know his medical history. Without this knowledge, it can be easy for a child to contract illnesses that could easily be avoided if they had both parents’ medical history.

How to Prove Paternity Voluntarily

Voluntarily proving paternity is best for both parents. You avoid keeping secrets and/or potential confrontation. The easiest way to do so is for the father to be present at the time of birth. This does require the signing of a declaration of paternity but it does not require any form of DNA testing. If the father is not present at the time of birth, an affidavit is required. This will need to be done before the birth certificate is issued in order for the father’s name to be present on the birth certificate. If his name on the birth certificate is not a concern of both parents, the affidavit deadline extends to anytime before the child’s eighteenth birthday.

How to Prove Paternity Involuntarily

If the father will not voluntarily sign the legal paperwork and you would like your child’s father to be legally recognized, it is crucial to have an experienced attorney who can help. The mother will first sign the affidavit naming the child’s alleged father then try and get in contact with the man. This can be done through investigation if necessary. It is worthwhile to first allow the father to voluntarily establish paternity in the case that he was uninformed about the situation initially. If he still refuses to voluntarily claim paternity, genetic testing is the next step. Both parents and the child will submit to genetic testing to ensure that all parties are linked. Once the results reveal who the father is, the father will be notified within 60 days of testing.

Contact a Kane County Parentage Lawyer for Help

Proving parentage is a stressful time for both parents, especially for cases that are involuntary. The legal process can be tedious and frustrating if you do not have experience in that area. It is important to have a hardworking attorney on your side to ensure that your child’s true parents are known. If you are trying to prove paternity or prove against an accusation that has been made, contact our experienced St. Charles, IL paternity attorneys for a free consultation at 630-584-5550.

Finding out that you are about to become a parent should be a fun and exciting time; however, this is not always the case. For some men, they have to prove that they are the father, rather than being told by their soon-to-be co-parent. Proving that you are or are not the father of a child is a medical and legal process which can be more involved than just going to the doctor. Continue reading to learn more about the process of proving paternity.

The Need to Know

There are many reasons why people will seek to find out the identity of the biological father of a child. Many mothers and potential fathers want to know the child’s father because of the need for monetary and parenting support. If the father and mother are not married, the parent without primary custody, in which case is usually the father, will be required to pay child support. Many mothers also want help from the father in regards to raising their child. Knowing the identity of both parents is also important in regards to health benefits and insurance. The child will be covered by his/her father’s health insurance, social security, inheritance, and veteran’s benefits. It is also crucial to know a father’s identity to have a better understanding of the child’s health background as well as the child’s own sense of identity.

The Procedure

Paternity proceedings are not always filed by the father, but rather can be filed by the father, mother, or child. Many paternity tests are performed without the intervention of the court. If not done voluntarily, a court can mandate for the test to be taken thus making the mother, father, and child all submit to testing. There are multiple types of tests that can be performed including a blood or swab test to collect DNA samples. Funding for the tests depends on the results. If the testing for the father is positive, the man will pay for the test. On the other hand, if the testing for the father is negative, the mother will be responsible for the payment.

Contact an St. Charles, IL Family Lawyer

Though paternity tests are fairly easy and harmless, getting the process moving is not always so simple. It is common to have a refusal to take the paternity test from either party involved. To ensure that you and your child’s rights are met, it is important to have a parentage lawyer on your side. At Shaw Sanders, P.C., we understand the high stakes involved in parentage cases and we have extensive experience in this field of law. Contact our Kane County paternity attorneys at 630-584-5550 for a free consultation regarding your parentage situation.