The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Batavia paternity attorney

When a child is born to two people who are married, in a civil union, or who were married or in a civil union within 300 days prior in the state of Illinois, those two people are legally presumed to be that child’s parents, even if that is not necessarily true. A child’s legal parents are required to provide for the child’s well-being, including providing for their financial needs. If the parents ever get divorced, the father has a legal right to decision-making responsibilities and parenting time, as well as an obligation to pay monthly child support. If the father finds out that he is not the father of the child, he can file to disprove the paternity of the child, which may relieve him of his parental responsibilities.

Disproving Paternity While Married

If the father is married when the child is born, the legal relationship is automatically established when the child is born. While this can be a convenience, it also means that the father is forced to take legal action to disprove the paternity of the child if the child is not his or her biological child. Genetic testing is used to determine whether or not a child is biologically related to an alleged father and is typically ordered by the court when a person files to have paternity disproven. Once the father becomes aware of the fact that he is not the child’s biological father, he must take immediate action, or the judge could deny his petition to disprove paternity.

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paternity-test-DNAIn the state of Illinois, a man is only legally presumed to be the father of a child if the mother was married or in a civil union with him when the child was born or within 300 days before the child was born. If the mother was not married when the child was born, the man she names as the father of the child is then referred to as the alleged father. That man will only become the legal father after one of three things happens:

  • Both parents complete and sign a Voluntary Acknowledgement of Paternity form when or soon after the child is born;
  • An administrative paternity order is entered into by a child support agency; or
  • An order of paternity has been entered in court by a judge.

If the father contests the paternity of the child, the mother will then have to file a paternity suit that seeks to establish a parent-child relationship between the father and the child. Once you enter into a paternity suit, the judge will more-than-likely order the mother, the alleged father and the child to submit to genetic testing.

Understanding Genetic Testing

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Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,When a child custody decision must be made by the court, one of the first jobs is to determine who is and is not a legal parent. A few years ago, the Illinois legislature completed a massive rewrite of the Illinois Parentage Act to better clarify who in a relationship has a parental claim to any children that are part of the union in question.

What the Courts Look At

While the courts and child advocate representatives are required to make decisions based on what is in the best interests of the children in question, other factors may impact who is awarded custody and who earns child visitation rights once a relationship has ended. This is where stipulations set forth in the Illinois Parentage Act spell out that which is to be considered. In the case of determining a relationship between a child and a woman claiming to be the mother, the following scenarios are considered:
  • The woman gave birth to the child, EXCEPT in cases that involve a valid contract of surrogacy.
  • A complete and valid adoption.
  • Custody following completion of a valid surrogacy contract.
  • A previous court judgment of the woman’s parentage.
  • A previously stipulated acknowledgment of the woman’s parentage.
When determining a man’s claim of parentage, the scenarios considered are similar in nature, but with one obvious exception.
  • A legal and voluntary acknowledgment of paternity, unless successfully challenged and rescinded.
  • An unrebutted presumption of parenthood.
  • A previous court decision acknowledging the man’s parentage.
  • Completion of a valid adoption.
  • Custody following execution and completion of a legally binding surrogacy contract.
The Illinois Parentage Act guides the process of determining a parent-child relationship. It further authorizes genetic testing, establishes the procedures regarding parents of a child created using means of assisted reproduction and identifies who is obliged in matters of child support.

Rely on an Experienced Illinois Child Custody Attorney for Proven Help

When ongoing custody and questions of visitation are at stake, parents would rather not leave these matters to chance. Seeking the assistance of a knowledgeable DuPage County child custody lawyer will allow you the representation necessary to fight for a fair child custody agreement. The Law Offices of Matthew M. Williams, P.C., are aggressive advocates for our clients, using all the resources available to pursue a fair and favorable outcome. Do not allow your custody case to proceed without qualified representation. Call our offices today at 630-409-8184 to schedule a consultation.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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