Aurora, IL Paternity Lawyers
Experienced Attorneys Helping Fathers Establish Legal Parentage in Aurora, Illinois
Establishing paternity is an important step that will need to be taken when parents are not married at the time of their child's birth. This legal process will recognize a man as the father of a child, granting him both rights and responsibilities under the law. Without legal parentage, a father will not have child custody or parenting time rights, and a mother may face challenges in obtaining child support.
At The Law Office of Matthew M. Williams, P.C., we work with mothers and fathers to establish paternity and ensure that the best interests of their children are protected. Whether you are a father who wants to make sure you can play an active role in your child's life or a mother who needs to ensure that your child receives the necessary financial support, we can help you establish legal paternity and address other family law concerns.
Why Establishing Paternity Matters
Paternity affects multiple aspects of a child's life. It can provide multiple types of long-term benefits for all parties involved.
By understanding who their parents are, a child can develop emotional and familial connections with their parents and other family members. They will have access to financial support, including insurance benefits, Social Security benefits, or veteran's benefits. They will be eligible to receive an inheritance from both parents, and they can access a complete family medical history to make sure health issues will be addressed correctly.
After establishing paternity, a father will have the right to address issues related to child custody in family court. He may be able to share in the allocation of parental responsibility, and he will have the right to reasonable parenting time with the child. This can help ensure that he will be able to have a meaningful parent-child relationship and provide the emotional support the child needs throughout their lifetime.
For the mother, paternity provides a legal basis for requesting child support. This will help ensure that the child's ongoing needs will be met, with child support addressing ongoing daily needs and other expenses. The mother may also receive co-parenting support from the father, ensuring that a parent will be able to provide care when necessary.
How Paternity Is Established in Illinois
In Illinois, there are several legal pathways to establish paternity. A DNA test is not always necessary unless parentage is disputed. The appropriate method will depend on the family's circumstances. Options include:
- Voluntary Acknowledgment of Paternity (VAP): This is the most common and straightforward method. Both parents will sign and file a VAP form, usually at the hospital after the child's birth or at a later time through the Illinois Department of Healthcare and Family Services (HFS). Once it has been properly executed and filed, the VAP has the effect of a court order, recognizing the father's parental rights and obligations.
- Presumption of Paternity Through Marriage: If the parents were married at the time of the child's conception or birth, the husband is presumed to be the legal father, and no additional steps will be required unless one of the parties believes that another man is the child's biological father.
- Administrative Paternity Order: If a parent applies for child support through HFS, the agency can initiate proceedings to establish paternity. Once paternity has been verified, an order can be entered administratively that will recognize the child's father as a legal parent.
- Judicial Paternity Action: If paternity is disputed, or if either party takes legal action to address child custody issues, a petition to establish paternity can be filed in family court. A judge may order genetic testing, and if a DNA test verifies the identity of the biological father, an order will be issued naming him the child's legal parent. The court can then take steps to address concerns related to parenting time, parental responsibilities, and child support.
Contact Our Aurora, Illinois Paternity Attorneys
Establishing paternity is the first step toward building a legally secure relationship between a child and a father. At The Law Office of Matthew M. Williams, P.C., we provide legal guidance for mothers and fathers as they address concerns related to paternity. Whether you are seeking to protect your rights as a parent or ensure that your child receives the support and benefits they are entitled to, we are here to help. Contact our Aurora paternity lawyers at 630-409-8184 to arrange a free, confidential consultation.