Every child has two parents, and in addition to the right to share in the responsibility of raising a child, parents also have the obligation to support their child financially. In some cases, it is necessary to legally establish the relationship between a parent and a child, and doing so can provide benefits for everyone involved. When addressing matters related to paternity, parents and any other parties who are looking to protect children's best interests will want to work with a knowledgeable family law attorney.
At NN Legal Group, we believe in giving our clients the information and guidance they need to make the right decisions as they address legal issues related to their children or their family. We help you understand the options available to you in paternity cases, and we will advocate for your parental rights while ensuring that your child's needs will be met. With over 12 years of experience in family law, Attorney Nicolas Nelson can provide you with the legal help that will allow you to resolve your concerns successfully.
When parents are married, it will usually not be necessary to prove the identity of a child's father. Under Illinois law, the person married to a child's mother at the time of the child's birth is presumed to be the child's legal parent. In addition, a mother's former spouse will be considered the legal parent if a child was born within 300 days after the mother's marriage or civil union ended through divorce, annulment, or the death of a spouse.
In cases where a child is born to unmarried parents or a person other than a mother's spouse or former spouse is the child's father, additional steps will need to be taken to establish legal paternity. The easiest way of doing so is for the parents to sign a Voluntary Acknowledgement of Paternity (VAP). However, before doing so, parents should be certain that the person in question is the child's actual biological father. Even if it is later discovered that someone else is the biological father, the person named in the VAP will continue to be considered the child's legal parent.
If the parents do not agree to voluntarily acknowledge the identity of the child's father, either party may initiate legal proceedings to establish paternity. In some cases, parents may be able to work with the Illinois Department of Children and Family Services (DCFS) to create an Administrative Paternity Order. In other cases, a hearing may be held before a family court judge, and DNA testing may be ordered to determine the identity of the biological father. To be confirmed as a child's legal parent, a genetic test must show with 99.9% certainty that the man is the child's father.
Once a person is named as a child's legal parent, they will have the right to share in parental responsibilities and parenting time. Even if legal custody is granted solely to one parent, the other parent has the right to reasonable amounts of time with the child. A parent will also have the obligation to provide child support that will address the child's daily needs, and they may also be required to share in child-related expenses such as the costs of healthcare and education. A child will also have the right to receive an inheritance from their legal parent and obtain benefits such as Social Security, and they will be able to access their family medical history.
Establishing paternity can ensure that your child will receive the financial support they need, and it can provide additional benefits for parents, children, and other family members. To learn how the attorneys of NN Legal Group can help you proceed with your paternity case, call our office at 630-474-0925 and schedule a complimentary consultation. We assist clients with family law matters in Wheaton, Addison, Glendale Heights, Glen Ellyn, Bloomingdale, Carol Stream, Villa Park, Lombard, and throughout DuPage County. Hablamos Español.