Tag Archives: Hinsdale paternity attorney

IL paternity lawyerThere are many reasons you may want to establish paternity in Hinsdale. You may want to have the right to child custody but are not wed to the mother, or you may be in disagreement with the mother about who the father of the child is. Illinois law presumes that when two parents are married, the husband is the biological father of the child. There is no presumption made, however, when parents are unwed. It is mostly in cases of unwed parents that people wish to establish paternity in the state, although there are certainly some others. No matter the reason, it is important to establish paternity, so that a legal relationship between the father and child can be created.

Establishing Paternity in Hinsdale

In Illinois, there are three different ways to establish paternity. The first is by completing a Voluntary Acknowledgement of Paternity (VAP). This is a document in which both the mother and father agree on the parentage of the child. The mother and the father must both complete and sign the VAP and the father will voluntarily acknowledge that he is the biological parent of the child. Many paternity cases are decided this way. When parents are not married, these forms are often filled out at the hospital shortly after the child’s birth.

If the father disagrees that he is the biological parent of the child, there are then two options. The first is to have the State of Illinois’ Department of Healthcare and Family Services’ (HFS) Child Support Service enter an Administrative Paternity Order. When this document is submitted, the HFS will first try to determine paternity without the need for legal measures. To do this, they will schedule DNA testing and conduct an interview in their office to try and come to a resolution.

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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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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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