Paternity Tests and Child Support 

 Posted on July 13, 2023 in Family Law

Paternity determines the legal acknowledgment of a relationship between a child and their father. This can be established either voluntarily or through a petition to establish paternity. If the child's mother is married when the child is born, her husband will be presumed father, and his name can go onto the birth certificate. If the couple is not married at the time of the child's birth, then paternity will not be assumed. The father is then exempted from any immediate child support until the establishment of paternity. 

Establishing Paternity Voluntarily

The first way to establish paternity is through the consent of both parents. This is through an In-Hospital Paternity Affidavit or a Voluntary Acknowledgment of Paternity Form. These will be signed by both mother and father either at the hospital after the child is born or later at a local health department. This document states that the person signing recognizes that he is the child's father. After paternity is determined, the child's mother can file a petition seeking a child support order. 

Cases of Mistaken Voluntary Paternity

Once the father signs the paternity affidavit, if he changes his mind or discovers he is not the child’s true father, he will have sixty days to repeal his voluntary paternity. He can request a DNA test and prove in court that he was deceived into signing. 

Establishing Paternity Involuntarily 

The Department of Healthcare and Family Services typically steps in before any court intervention. They will schedule an interview with the alleged father and conduct a DNA test and an interview. If the alleged father does not show up, he will be assumed to be the child's biological father and will need to take legal responsibility. If the HFS cannot determine paternity, a court will get involved. Either of the parties can file a petition to establish paternity through their local circuit court. 

How To Prove Paternity?

A cheek swab will determine paternity testing; this DNA will be required from the child, the mother, and the alleged father. A DNA test is not the only thing that concludes a paternity case, however. This is used along with other forms of evidence, such as witnesses, medical records, and other documentation. Once paternity is established, the court can decide on matters of child support. 

Contact a Naperville Paternity Lawyer 

If you are a father facing a potential paternity situation, you should work with an experienced Illinois family law attorney. Failing to take appropriate action with the court can lead to financial consequences or judgments against you, especially if you are a father refusing to participate in court action regarding paternity. Contact our DuPage County paternity lawyer with Pesce Law Group, P.C. to learn how we can help you. Call 630-352-2240 to set up a free consultation today. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59