IL divorce lawyerFor 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.

 

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Posted on in Paternity

IL family lawyerFinding 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 Family Law, 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.

 

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Yes. But you cannot officially establish your child’s parentage until he or she is born. In other words, though you might know who fathered your unborn child, that man does not have parental rights until the child is born and if you are not currently married to him or were not married when the child was conceived until he officially acknowledges his parentage or the court makes this determination.

It is important to note that although the term “paternity” is often used in this type of discussion, the Illinois Parentage Act contains gender-neutral language. When a child is born, any individual who was married to the child’s mother at the time of conception or birth has automatic parental rights to the child, regardless of his or her gender.

Prenatal Paternity Testing

There are a few different ways to determine paternity before a child is born. The most accurate method is known as Non-Invasive Prenatal Paternity (NIPP). It can be performed any time after the eighth week of pregnancy by taking a sample of the alleged father’s blood and the mother’s blood and comparing it to the fetus’ DNA that can be found in the mother’s bloodstream.

Other methods of prenatal paternity testing include amniocentesis and chorionic villus sampling.

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Illinois child custody attorney, Illinois paternity lawyerWhether you are in an unmarried partnership, are in the midst of a divorce, or are planning to re-marry in the near future and share a child with someone else, paternity establishment is important. It ensures your rights as a parent are protected and that your child’s rights are protected as well. Without establishing paternity, your child’s medical and financial benefits might be at stake, and your parenting privileges can be compromised.

The state of Illinois utilizes various methods to help parents establish paternity, including personal interviews, genetic testing, and judicial court hearings, when necessary. However, you can opt to complete something called a Voluntary Acknowledgement of Paternity (also called a VAP) if you would like to establish paternity in a simple, straightforward manner. This is typically done right at the hospital when the child is born, although a VAP may be completed, signed, and witnessed at any time for any child born to unmarried parents.

VAP Requirements and Where to Get One

You will find instructions for how to complete the VAP on the front and back of the form, as well as a list of the parents’ rights and responsibilities. To properly complete the form, you will be required to provide information about both parents and the child, and you must also have a witness present to sign and date the form beneath the parents’ signatures. Your witness must be at least 18 years of age and will need to provide their full name, address, and telephone number. It is common practice for the hospital to provide you with a VAP when your child is born if you are not married at the time of the birth, but you can request one at any time at any County Clerk, Human Service, or Child Support Regional Office.

The Purpose of the VAP

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