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Understanding Paternity in Illinois

Posted on in Paternity

Naperville family law attorneyPaternity is the legal relationship between a father and their child or children. When paternity is established, it is the legal responsibility of the father to support the child. Most fathers establish paternity over their children in a hospital at the time of birth, if they are either married to the mother or sign the child’s birth certificate. There are times, however, where establishing paternity after a child’s birth is necessary. Most of these cases usually involve children born out of wedlock. A mother, for example, may file a paternity action against the alleged father of her child in order to mandate that the father pays child support. In other instances, a father may wish to establish paternity so they are eligible for parenting time and child visitation. If either a mother or father is having difficulty establishing paternity, there are legal methods to force paternity to be established.

Proving Paternity

If a mother is wishing to establish paternity, and the father is refusing, or if a father is having difficulty establishing paternity themselves, a qualified Illinois family law attorney can help move the process along through the legal system. In addition to ensuring that both parents have equal rights to the child and that their rights as parents are protected, establishing paternity is beneficial for the child involved as well. Once paternity is established, the child will be able to access benefits like health insurance from both parents, medical support, social security, and more.

Paternity does not have to be established by force, but there are cases where one parent makes establishing paternity difficult. When these cases arise, genetic testing can be required to prove the father’s relation to the child. If a father fails to show up in court to discuss paternity, an Illinois judge can declare him the father anyway and establish a legally binding relationship between the father and their child. The father is then responsible for child support payments and all other legal responsibilities, duties, and obligations of parenting.

Effective Legal Solutions

Establishing paternity is important, not only for the children involved but to protect the rights of both parents as well. Even if the parents live in different locations and lead very different lives, they still both have a responsibility to care for their children both emotionally and financially. Establishing paternity does not have to be a challenge, but difficult circumstances do arise. When they do, the team at Pesce Law Group, P.C., is here to help. We believe that every child deserves support from both of their parents, and offer legal solutions to help establish paternity even in delicate circumstances. Call 630-352-2240 today to schedule a free consultation with an experienced DuPage County family law attorney. Whether you are defending your paternity claim or fighting for paternity to be established, we are here to help.


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