Tag Archives: DuPage County paternity attorney

IL family lawyerWhen there is any doubt about who your child’s father is, you, as the dad, should take a paternity test. A paternity test will clear up any confusion or false claims regarding who the biological father truly is. While paternity tests are often used by mothers to hold fathers accountable for child support, fathers can use them too to ensure their own parenting rights.

What Is a Paternity Test?

A paternity test is just another name for a DNA test, which compares the DNA of the potential father to that of the child or infant. Nearly 300,000 paternity tests are performed in the U.S. annually, according to studies. Paternity testing can be done when the child is still a fetus, though this is less common and may involve unnecessary risks. Paternity testing is virtually 100 percent accurate, though it does not need to be done if the mother is married to the father at the time of the birth — in this case, it is generally assumed that the husband is the father unless stated otherwise. The following scenarios are examples of when a father might want to have a paternity test performed:

  • If a husband, boyfriend, or sexual partner believes he is not the father and does not want to be wrongly held responsible for child support
  • If a husband, boyfriend, or sexual partner believes that he is not the father and wants to know for his own peace of mind
  • If a husband, boyfriend, or sexual partner believes that he is the father but the mother denies this fact

Child Custody and Visitation Depend on Paternity

Whether you are seeking child custody or visitation, you must be able to prove that you are the child’s biological father. A paternity test can quickly accomplish this and put any doubts to bed. After your paternity has been proven, you can then petition the court for custody, visitation rights, and to be included in the parenting plan.

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Illinois family law attorneyThe dead beat dad has a negative connotation throughout society. The cliche mental picture of the full-grown man who, after a single night or even years of fun, impregnates a woman and walks away, out of both the lives of the mother and the future child. The legal system spends obscene amounts of money annually tracking these individuals, many times to no avail. While there are men out there hiding from their responsibilities, there are many others who do everything possible to become a part of their child's life. Sometimes, people jump through hoops to have a legal connection with their children while mothers intentionally thwart every effort. Establishing paternity has numerous legal and emotional benefits to consider.

Paternity Ensures the Child’s Rights to Benefits

Without having established paternity, a child will not necessarily be able to utilize significant benefits to which they would be entitled via the father. Benefits not only include the financial benefits but others as well, such as:

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Illinois paternity lawyer, Illinois paternity lawsIf you happen to stop to watch or listen to daytime talk shows, you may begin to question the validity of paternity tests. However, on the other hand, many people wonder whether or not some of those shows are staged, so perhaps we should not put much faith into the dramatic overtures seen when a father is, or is not, identified on television. On a serious note, a very real question that directly impacts the daily life and future of thousands of families across the United States depends on the reliability of paternity testing. Lives depend on them, but how reliable are the results?

How DNA Testing Works

DNA testing, also known as paternity testing, is intended to determine who the father is of a child. The practice gains a sample from both the potential father and the child through blood, cheek swab, umbilical cord, saliva, semen, hair, or another piece of tissue. The samples are then analyzed together to see how many commonalities are found within the two strands of DNA. The more closely two people are related, the more similar their genetic strands appear. A child receives half of their genetic code from each biological parent. Therefore the genetic code is a mixture of both. Now, paternity can be shown as early as eight weeks into the pregnancy through non-invasive blood testing of the mother. Also, if the father is uncooperative, testing may be done through the potential grandparents. This last method, however, may show parentage for any of the siblings in the family. Therefore, if the father has a brother, it does not conclusively say which brother matches more closely.

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Illinois paternity lawyer, Illinois family law attorneyA mother and child relationship establishes at the time of birth; except under surrogacy laws, the woman giving birth is the presumed mother. If the mother is married, in a civil union, or in another similar legal situation at the time of conception or delivery, the spouse assumes the role of the presumed father. The process cuts down on a significant amount of paperwork, thereby streamlining the process at the joyous birth of the child. However, occasionally new information comes to light in which the presumed father is not the biologically the father of the child. Many men in this situation opt to sever the legal paternity ties with the child.

Presumed paternity extends for almost a year past divorce.

For up to 300 days following a divorce, any child born remains covered by the presumed-parentage laws. What this means is that if you were on a “break,” separated, cheated on, or already in the middle of a divorce, if the woman in the relationship conceives and births a child before that 300-day mark, the child is legally yours. There are steps to refute the process. You may enter a Denial of Parentage form if you know the child is not yours at the hospital. Other necessary steps include:

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DuPage County paternity attorney, establish paternity, father's rights, legal paternity, Martoccio & Martoccio, parental rights, Illinois child custody, custodial parent, non-custodial parentWhen a child is born out of wedlock, the father of that child may face difficulties in establishing his parental rights. A common matter that fathers are not aware of is the fact that under Illinois law, no custodial or visitation rights are granted to a father whose child is born out of wedlock until the court orders that a biological relationship does in fact exist between the two. After such an order by the court, either parent of the child can seek additional orders from the court pertaining to custodial and visitation rights and child support. If you are an unwed parent and have to deal with custody, visitation, child support, and any other matters in paternity court, it is best that you seek assistance from an experienced attorney.

What is Legal Paternity?

Generally, paternity is the relationship between a father and their child, while legal paternity is established by the law. Legal paternity, as recognized under Illinois law, affords a father certain rights and responsibilities as it relates to the child.

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