If you are not married and have a child, Illinois requires that you establish paternity legally even if it is undisputed. If you and the child’s other parent are no longer together, it is vital to seek qualified legal representation to establish your rights and responsibilities. A Naperville paternity lawyer at Reidy Law Office LLC could help you establish your rights in court. Whether you need help requesting paternity testing or have questions about the rights and responsibility of a biological father, our attorneys are here to help.
According to Illinois Compiled Statutes Chapter 750 § 46/204, there are several sets of circumstances in which a father may be considered the biological parent of a child. There are presumptions of paternity when a couple is married. For example, if a couple is married (or gets married within months of the child’s birth), it is presumed that the husband is the father of the child.
Paternity can also be established voluntarily by the father signing a Voluntary Acknowledgment of Paternity at the hospital when the child is born. Even if the man and woman were not married until after the child was born, if the man consented to be named as the father on the child’s birth certificate, this could create an assumption of paternity. The laws surrounding paternity in Naperville are highly complex, so it is wise to speak with an attorney.
If you are currently involved in a paternity case and one of the presumptions do not apply, your judge will likely require that a DNA test be taken to confirm the child’s biological father. There are several other different ways by which paternity may be established in Naperville.
Parties who can file a lawsuit alleging or contesting paternity include the potential father, the child, and the biological mother of the child. In situations where a man signs a VAP but later discovers that they may not be the biological parent of the child, it can prove extremely challenging to contest the form. If the VAP was signed due to an error or because the man was fraudulently misled, the law limits the time for which the VAP can be contested so it is important to act quickly. If the child is filing a suit to demonstrate or contest their paternity, their legal guardian will serve as their representative in court. Depending on the facts of the case, the judge may delegate these duties to a lawyer. The lawyer would serve as the child’s guardian ad litem for the duration of the proceedings.
In general, the state laws concerning parental rights and obligations in divorce matters also apply in paternity cases, including those relating to custodial arrangements and child support. There may also be circumstances in which the court awards payments of child support that predate the paternity suit. The court would consider components such as whether or not the father was aware of the details of the child’s birth and was prepared to provide support before the suit was filed. An experienced Naperville paternity attorney could help you seek child support or help you challenge a petition for child support.
Illinois law requires paternity cases to be filed by a specific point in time. A paternity lawsuit to demonstrate the parental relationship can be submitted to the family court at any point before the child’s 20th birthday. If someone wishes to file a suit to contest paternity or assert that no paternal relationship exists, the assumed father must do so within 24 months or two years of being informed of their alleged paternity. A knowledgeable lawyer in Naperville could assist someone with filing a timely case to demonstrate the existence of or contest a child’s paternity.
Whether you are a mother trying to demonstrate paternity and secure child support, a father looking to establish your rights, or need assistance contesting a paternity lawsuit, a Naperville paternity lawyer could advocate on your behalf. Our dedicated legal team at Reidy Law Office LLC has the skills, tools, and knowledge to help you seek a favorable outcome. Call today to discuss your case.