Can I Establish Paternity if the Mother Denies It?

 Posted on September 19, 2025 in Paternity

For fathers in Illinois, establishing paternity is an important step in gaining legal rights and parental responsibilities for a child. But what happens if the mother refuses to acknowledge you as the father? 

Illinois law gives you options to confirm paternity even when there is this kind of disagreement. With the right legal support, you can move forward to protect your rights and your relationship with your child. Talk to a Naperville, IL paternity lawyer to learn how.

Why Does Paternity Matter in Illinois?

Paternity is about more than proving your biological relationship to your child. It creates important rights and responsibilities, including:

• The right to seek parenting time (visitation) and parental responsibilities (custody)

• The obligation to provide financial support

• The ability to make important decisions for your child

• Access to medical history and benefits for your child

• The right for your child to inherit from you 

Without legal recognition, a father has no enforceable rights regarding custody, visitation, or decision-making, even if he is sure he is the biological parent.

What If the Mother Denies Paternity?

When a mother will not recognize a man as the father, paternity can still be established through the Illinois court system. A father can file a Petition to Establish Parentage under the Illinois Parentage Act of 2015 (750 ILCS 46). In these cases, the court orders genetic testing to determine whether a man is the biological father. DNA testing is highly accurate and provides the evidence the court needs to resolve paternity disputes.

Once paternity is confirmed, the court can move forward with orders on child support, custody, and visitation.

How Do Illinois Courts Handle Paternity Disputes?

Judges in Illinois focus on the child’s best interests when making decisions in a paternity case. Once paternity is legally established, the father has the right to request parenting time and decision-making responsibilities. The court will look at factors such as each parent’s relationship with the child, stability, and ability to provide a safe and supportive home environment.

In some cases, disputes may involve issues beyond paternity, including custody or child support. Having a good attorney can help you with each of these issues.

Contact a Naperville, IL Paternity Lawyer

If you believe you are a child’s father but the mother denies it, you may need legal action to confirm your rights. At Pesce Law Group, P.C., our DuPage County, IL parentage attorneys bring nearly two decades of experience helping fathers through difficult family law disputes. We offer compassionate support and strong advocacy to protect your role in your child’s life. Call 630-352-2240 today to schedule a free consultation.