Establishing Paternity in Hinsdale, Illinois

 Posted on March 23, 2023 in Family Law

The relationship between a father and their child is very important. Establishing paternity is significant because it protects a father’s right to be a part of his child’s life. It also ensures that the mother can pursue the financial support that she may need through child support. At Law Office of Martoccio & Martoccio, we understand that it can be a highly sensitive situation and offer our clients compassionate representation.

Acknowledging Paternity

Paternity is the legal recognition of a fathers relationship to a child. When couples are married, paternity is clear and there is no need for legal action. When a child is born at a hospital, married parents provide details for the birth certificate and no further action is needed. However, unmarried parents will need to follow certain steps to establish paternity. If both parents agree to the paternity of the child, they can sign a voluntary acknowledgment of paternity (VAP) form. 

If parents disagree on paternity or there is uncertainty about who the child’s biological father is, paternity may be established through an administrative process or judicial process. This process can be initiated by the mother or the father. 

DNA Paternity Testing

A DNA test can prove whether a man is indeed a child’s biological parent. However, paternity cases can become contentious if one party refuses genetic testing. That is when it may be necessary to obtain a court order requiring a paternity test. It is important to establish who is the biological father of a child for legal and financial reasons. On the flip side, if there are false paternity allegations it is important to clear those up.

DNA testing involves cheek swabs taken from both the presumed father and the child. An accredited laboratory will examine the samples provided to determine genetic markers. That information is vital in helping them calculate the probability of paternity. If the results show that the man is not the father, there are no further proceedings. But if results demonstrate paternity probability, then the father may have certain obligations to the child. 

Child Support

When paternity is established through an administrative process or the court, the father may be ordered to provide child support. He also gains the right to request parental responsibilities and parenting time. Whatever the case may be, the court will always take into account what is in the best interest of the child. 

Contact a DuPage County Paternity Lawyer

At [[title], we represent mothers who are trying to establish paternity in order to get financial support for their child or for biological fathers who are trying to seek rights for their children. A skilled Hinsdale paternity attorney who understands parental sensitivities is best equipped to help you understand your options. Call 630-920-8855 for a free consultation.

Sources:

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

https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx