Advantages of Establishing Paternity

 Posted on February 19, 2019 in Family Law

Paternity is the legal establishment of fatherhood, one which can be biological, but a blood relation is not necessary. Establishing paternity is a legal process of recording a legally bound relationship between a father and a child. There are several advantages to creating such a link, from developing a connection to obtaining child support. Find out how establishing paternity can benefit you.

A Father’s Perspective

Whether you are related by blood or by love, there are many benefits to creating a legal tie between father and child. The process enables a father to have parental rights over the child or children in question. Paternity offers benefits to both the father and the child, including:

• The development of a father-child relationship;
• Request parenting time or visitation;
• Child entitlement to health insurance, social security, support, pensions and veterans’ benefits;
• Travel rights;
• Changing the child’s last name;
• Influence over life decisions;
• Inheritance options;
• Access to any medical background; and
• A sense of identity and belonging.

A Mother’s Point-of-View

Sometimes, a mother needs to establish paternity between the potential father and child, even when a father is unwilling to cooperate. To do so, a mother must go through the process of successfully proving that the man is the biological father of the child. A mother may wish to do so for the following reasons:

• Child support;
• Insurance benefits;
• Other financial benefits;
• Parenting time; or
• Visitation rights.

The Process

Parents have the right to voluntarily establish paternity at the time of birth or shortly after. If a couple is married, the husband is automatically assumed to be the father, regardless of if they are the biological father or not. The husband at the time of birth is known as the presumed father, according to Illinois law. If the father is someone other than the husband, the biological father may only claim paternity after the current husband waives his paternity rights. If paternity cannot be established because there is a dispute, a court order may become necessary to require genetic testing.

Seek Legal Representation

Sometimes, paternity is unable to be established. The dispute can happen for a variety of reasons, such as the father’s identity is unknown or more than one person is claiming the role. If you have concerns regarding paternity, enlisting the assistance of a Hinsdale paternity lawyer can help protect your interests throughout the process. The skillful attorneys at the Law Office of Martoccio & Martoccio will aggressively defend your rights. Discover how we can help with our free initial consultation. Call our office at 630-920-8855 to schedule now.

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

https://www.verywellfamily.com/why-and-how-to-establish-paternity-2997684