Understanding Paternity Rights in Illinois: What Should You Know?

 Posted on July 21, 2023 in Family Law

Being unmarried warrants the need to submit a positive DNA test result or sign a Voluntary Acknowledgement of Paternity (VAP) to prove one as the biological father of a child. Aside from proving your genetic connection, establishing paternity comes with legal rights and responsibilities. This includes parental responsibilities, child support payments, and other financial obligations. We discuss this in detail below. 

Parental Responsibilities and Parenting Time 

After confirming paternity, a father may receive various rights to help build a healthy and meaningful relationship with his child. Parents are encouraged to work together to create a parenting plan, but if parents cannot agree, a court will step in and adjudicate these decisions based on the best interests of the child. Parenting plans must include details about parental responsibilities and parenting time.

“Parental responsibilities” is the authority to make life decisions about topics like education, healthcare, religious upbringing, etc. on behalf of a child. Once the court grants your request, your ex must discuss these matters before finalizing anything. You have the right to file legal action if needed.

Aside from this, the parenting plan also determines how much quality time you can spend with your child.  Parenting time can include weekly meetings and having the child during school holidays and special occasions. 

Since a child’s well-being remains a priority in family law matters, the schedule may vary according to a child’s age. An older child may have a say in how much time they want to spend with their father. 

Paying for Child Support 

After proving paternity, a father must pay child support to the custodial parent (or legal guardian). You must adhere to statutory guidelines while making this decision. This includes the amount you need to pay and how long you will have to pay for child support. 

The court considers various factors to decide the final amount.  These include:

• Both parents’ income and expenses

• The child’s everyday needs and requirements 

• Allocated parenting time 

• A child’s medical care needs

Note that child support payment orders can be modified over the years. You can request the court to make adjustments after a drastic change in your financial circumstances. This can include employment loss, layoffs, debts, and unexpected problems that make it challenging to pay the required amount. 

Contact Hinsdale Paternity Lawyers

Paternity rights vary from case to case and Illinois courts make decisions based on the child’s best interests. You may need individualized legal advice to create a parenting plan, especially if the other parent disagrees on matters related to parental responsibilities and parenting time. Contact Hinsdale paternity attorneys from the Law Office of Martoccio & Martoccio by dialing 630-920-8855 for further information. 

Sources:

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

https://hfs.illinois.gov/childsupport/formsbrochures/hfs3282.html