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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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IL family lawyerIn the past, mothers have had the power in the custody courtroom. The mother is often given custody as a result of female stereotypes and age-old parental roles. She is seen as nurturing, selfless, and “the primary parent” whereas fathers can be seen as careless and unfit to care for a child on his own. Though times have changed and these parental stereotypes have been proven inaccurate, fathers continue to fall short in the courtroom.

Dad Data

Joint custody is the most common decision made because it is thought that a child should be raised by both of his/her parents. Joint custody may allow for both parents to be in the child’s life, but not necessarily in equal amounts. Illinois ranks in the bottom five states for the amount of custody time allotted to fathers. These children only spend an average of 23.1 percent of their time each year with their dad, giving the mother the other 3/4 of their time. The United States may be moving towards eliminating gender bias; however, the state of Illinois is in 47th place in the U.S. for the amount of custody time fathers are provided.

Though joint custody is often best for the child, not all situations allow for this to happen. Extenuating circumstances force judges to choose one parent over the other, leading to the impossible choice of giving full custody to one parent. According to the 2016 U.S. Census Report, fathers only win primary custody 17.5 percent of the time. Laws may have been passed stating that there is no custody preference for women over men, but the data shows otherwise.

Four Tips to Win Custody

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Illinois child custody laws, Illinois child custody attorneyDivorce and separation can be difficult on the entire family, especially when it comes time to address the allocation of parental responsibilities (child custody) and parenting time (visitation), as these issues impact the lives of both parents and children. A new lifestyle is born, and new routines are put into place, forcing everyone to adjust and adapt to many big changes at once.

Unmarried Parents Versus Married Parents

One question that often plagues the mind of parents undergoing divorce is whether or not their rights are equal. The subject of father’s rights are particularly concerning, as many children end up residing with the mother after a divorce. Do fathers receive the same rights? Is their desire to participate in the lives of their children taken just as seriously as the mother’s needs and wants?

If the couple is not married, these questions are doubly important. When couples are married, most states automatically assume that the husband is the father of the child and is therefore entitled to certain rights. The same is not true for unmarried couples sharing children.

What Rights Can I Expect to Have as a Father or Mother Going through a Separation?

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