Understanding Parentage Cases in Illinois
By: Attorney Nicole Vernagallo
Parentage cases in Illinois establish the legal relationship between a parent and child. Whether parents are married or not, confirming parentage is essential for determining parental rights, child support obligations, and the child’s access to benefits like inheritance and health insurance. These cases ensure that children receive the emotional and financial support they deserve.
How Parentage is Established
If a child is born to a married couple, Illinois law presumes the husband is the legal father. For unmarried parents, parentage must be established by signing a Voluntary Acknowledgment of Paternity (VAP), through an administrative process, or by filing a court case. If there is a dispute, the court can order DNA testing to determine biological parentage.
Importance of Establishing Parentage
Beyond confirming biological ties, establishing parentage allows a parent to seek parenting time and decision-making authority. It also ensures the child has a right to financial support and can inherit from both parents. Without a legal finding of parentage, a parent may not have rights regarding the child’s upbringing, and the child could lose important financial protections.
Parenting Time, Decision-Making, and Child Support
Once parentage is established, the court addresses two major issues: allocating parenting time (physical custody) and decision-making responsibilities (major decisions like schooling, health care, and religion). Parents are encouraged to submit a Parenting Plan, but if they cannot agree, the court decides based on the child’s best interests. Child support is then determined using an income-sharing model that considers both parents’ earnings and parenting time schedules. Courts can also order contributions toward health care, extracurricular activities, and child care expenses.
Modifying and Enforcing Parentage Orders
Parentage orders can be modified if there is a substantial change in circumstances, such as a new job, relocation, or changes in the child’s needs. If a parent fails to follow court orders—such as refusing parenting time or not paying support—the other parent can seek enforcement through the court. Illinois law provides remedies to protect the rights of both parents and the welfare of the child.
Conclusion
Parentage cases in Illinois are crucial for ensuring children have the support and stability they need. Whether you are seeking to establish your rights as a parent, secure child support, or modify an existing arrangement, understanding the process can help you make informed decisions. Working with an experienced family law attorney can also make a significant difference in navigating the complexities of a parentage case.
Click here to learn more about Attorney Nicole Vernagallo.
*The content of this blog post is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. You should not rely on this information as a substitute for legal counsel, and we recommend consulting a licensed attorney in Illinois for advice specific to your situation. Viewing or interacting with this blog does not establish an attorney-client relationship, which can only be formed through a written agreement.