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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DuPage County fathers' rights attorneyIn today’s world, most people would agree that a father plays just as an important role in raising a child as a mother. Many people also believe that a child deserves to have both parents present in his or her life. For some people, this can be difficult, especially if the child’s parents were not married when the child was born. In cases such as these, it is up to either the mother or father to petition to establish the paternity of the child, which can be done a few different ways. Establishing the paternity of the child creates a legal relationship between the child and his or her father. Until paternity is established, there is no legal relationship between the two, even if they are biologically related.

Presumed Paternity

In the state of Illinois, a man is presumed to be the father of a child if he was married or in a civil union with the child’s mother at the time the child was born. A man is also presumed to be a child’s father if he was married to the mother at any point within 300 days before the child was born. If the parents were not married or in a civil union during either of these times, the man has no legal presumption to the paternity of the child, and either parent must go about establishing paternity through signing a Voluntary Acknowledgement of Paternity or through genetic testing and a court or administrative order.

Benefits of Establishing Paternity

There are quite a few reasons why a mother or father would want to establish paternity for his or her child. In most cases, establishing the paternity of the child gives both the child and the father rights they would not otherwise have. Benefits of establishing paternity include:

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Posted on in Paternity

Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,When a child is born, it is automatically known who the child’s mother is--this is not the case for the child’s father. In Illinois, if a couple is not married or in a civil union when the child is born, the father is not legally considered the father of the child and his name cannot be added to the birth certificate until paternity is established. The only time there is a legal presumption of paternity is if the mother and the father of the child were married or in a civil union at the time of the child’s birth, or were married within 300 days before the child was born. Establishing paternity is important for both the parents of the child and the child itself.

The Importance of Determining Paternity

When a child’s paternity is in question, the father does not have any legal rights when it comes to the child. In order for a father to have rights to parenting time or parenting decisions, like decisions about the child’s healthcare or education, paternity must be established for the child.

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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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