Tag Archives: Hinsdale paternity attorney

IL family lawyerPaternity 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:

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IL divorce lawyerIf you need to identify the biological father of a child, the best avenue is through a DNA paternity test. This form of testing is unanimously accepted by courts across the country. However, what happens if someone is refusing paternity testing? It happens all the time, either the mother refuses to allow a potential father to take the test, or the father refuses to participate. Can someone legally refuse paternity testing?

Who Can Request a DNA Test?

If someone has made a request that you take or allow your child to participate in paternity testing, you are under no obligation to comply as long as it is the entity themselves making the request. However, in doing so, remember that the requesting party may seek legal aid or utilize the resources at the Department of Healthcare and Family Services (DHFS). Even if DHFS becomes involved, you are under no obligation to submit.

Can I Refuse a Court Order?

If you refused to comply with paternity testing requests at both the personal and the DHFS level, the requesting party can pursue legal action and have the court order your participation. Once the court issues an order for your cooperation, you must comply. Refusal at this level is in direct violation of a court order, and you become susceptible to harsh punishment.

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IL divorce lawyerThe legal relationship between a father and his child is known as paternity in Illinois. When a child’s parents are married, legal action is not necessary to establish paternity. However, if their parents are not married, a court order or formal document is necessary for the establishment of paternity. If possible, both parents should start the process of proving paternity as soon as possible.

A Voluntary Acknowledgment of Paternity Form

In Illinois, the easiest method of establishing paternity is for both parents to sign a Voluntary Acknowledgment of Paternity. An Administrative Paternity Order by the Department of Healthcare and Family Services Child Support Services, or a court Order of Paternity are other options. In the event it is unclear who the father may be, parties should not sign the Voluntary Acknowledgment of Paternity.

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phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
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Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

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