Parental Rights of Children Born Out-of-Wedlock in Kane County

 Posted on December 07,2022 in Paternity

According to the Centers for Disease Control and Prevention (CDC), in 2020, more than 40 percent of all births were out-of-wedlock. Sometimes the paternity of the father of out-of-wedlock births is unknown. Other times, for whatever reason, a mother may purposely keep the paternity private from the father. Unless paternity is established, the mother retains all legal rights to her child. A paternity attorney with expertise in advocating for parental rights can evaluate and explain the legalities of your case and help you create an effective parenting plan. 

Six Benefits of Establishing Paternity

The advantages of establishing paternity can benefit both the mother and father but is most especially invaluable for the child. Some benefits of establishing paternity include the following: 

1. Establishing paternity enables and fosters a relationship between the father and child.

2. The mother will be able to share the financial burden of raising the child with the father.

3. The father will have the right to petition the court for parenting time.

4. The father will have rights to petition the court for decision-making responsibilities.

5. The child may be entitled to health insurance, Social Security, or veteran's benefits through the father.

6. The child will know important family medical history from the paternal side of the family.

How to Proceed with Proving Legal Paternity in Illinois

Verifying legal paternity is imperative for many reasons, primarily because without the birth father's knowledge, the child is vulnerable to adoption. The Putative Father Registry safeguards the biological father's rights as the court is legally bound to alert him if someone tries to adopt the child. Through the court, the biological father can then contest the adoption. Registration must occur before or within 30 days of the child's birth.

The alleged father can prove paternity through one of the following methods.

• The father of the child is listed on the child's birth certificate.

• The child's father was married to the mother during the child's conception.

• The child's father was married to the mother at the time of the birth.

• The Department of Public Aid issued an administrative order of paternity form.

• Both the father and the mother signed a Voluntary Acknowledgement of Paternity (VAP) form, which confirms the birth father through a DNA test.

Contact a Family Law Lawyer in Kane County

At The Law Office of Matthew M. Williams, P.C., reliable family lawyer Matthew M. Williams is a ferocious advocate for all his clients. Matthew M. Williams understands the complexity and sensitivity surrounding parental rights.  If you are a father pursuing paternity rights, contact The Law Office of Matthew M. Williams, P.C.  Alternately, if you are a mother who is seeking child support from your child’s father, contact a St. Charles divorce attorney at 630-409-8184. 

Sources:

https://www.cdc.gov/nchs/fastats/unmarried-childbearing.htm#:~:text=Unmarried%20

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

https://www.putativefather.org/index.aspx