Historically, families typically consisted of a married mother and father who shared one or more children. However, the traditional nuclear family is less common than it used to be. Many couples have children and are unmarried, some married couples may divorce and remarry, and both parties may have children with different partners.
These changing social dynamics can make it more challenging to determine a child’s paternity. If a child’s parents are unmarried when the child is born, paternity must be proven for the mother or father to assert certain legal rights. Below is detailed information about paternity laws in Illinois. If you have questions, our Illinois paternity lawyers at Bruning & Associates, P.C. can answer them today.
What Is Paternity?
Paternity is the legal relationship between the father and child. If the child’s mother is or was married when the child was born or within 300 days of the date of birth, the person that the mother was married to in that period is presumed to be the father.
How To Establish Paternity In Illinois
When parents in Illinois are married, it is presumed that the children are theirs. But if the parents are unmarried, the child’s paternity must be determined in other ways. They are:
Voluntary Acknowledgement of Paternity (VAP)
Provided that both parents acknowledge paternity of the child, they can fill out and sign a VAP form when the baby is delivered. It is required for both parents to review and sign the document, and there needs to be a witness who is at least 18. Verifying parentage in this way is the simplest because it is known from the start of the child’s life who the father is.
The VAP can be completed at the hospital or when the child’s father can be named on the birth certificate. However, remember that VAP does not deal with how parental responsibilities and parenting time are handled for child custody and visitation.
Remember that once the father signs the VAP, this is proof of paternity. You are required to pay child support if you split from the mother. However, you are only required to make child support payments based on how much you make and the number of overnights with the child.
If you complete the VAP but change your mind, you may cancel it by completing a Rescission of Voluntary Acknowledgement of Paternity. The document must be signed, witnessed, and given to the Department of Healthcare and Family Services within 60 days of the document’s effective date.
You should not sign the document if you do not know that you are the child’s father. It is preferable to prove paternity with a DNA test. VAP is the simplest way to prove parentage, but do not use this method unless you are certain about paternity.
Paternity Lawsuit
A legal paternity case may be needed in a more contentious relationship, such as if one parent does not acknowledge paternity. The mother and the presumed father can file a petition to begin a paternity action. The case goes to family court, and the trial is done before the judge; parentage cases do not have a jury. The most critical evidence in a paternity lawsuit is matching the child’s DNA to the alleged father’s. The judge will sign the order to establish parentage if the DNA test proves paternity.
Administrative Paternity Order
Sometimes the state of Illinois is interested in establishing paternity because the child should receive financial support from both parties. Any of these options to establish paternity should be handled by an experienced attorney in Illinois.
Why Is Establishing Paternity Important?
Both parents have good reasons for wanting to prove the child’s paternity. They include:
Child Support
Raising a child in the US is expensive, and Illinois law states that both parents must contribute financially. When the mother possesses a VAP, a court order establishing parentage, or an administrative order, she can enforce child support obligations.
Parenting Time
Visitation with children is another right of parents that may only be exercised after paternity is proven. The mother could have primary custody, but the father can ask for and enforce his parental rights with court action.
Child Custody
Unless he proves paternity, the father has no right to participate in major decisions affecting the child’s life and upbringing. After paternity is established, he can go to court and ask for parental responsibilities to develop a bond with the child.
DNA Testing To Prove Paternity
If you are unsure who the child’s father is, it is usually best not to sign the VAP until you are confident. The way to determine the paternity of a child is through DNA testing, which can be quick and noninvasive in most cases. The testing facility can just swab the cheek of the man and child.
While a home DNA test can confirm paternity to resolve the matter, the court probably will not admit the evidence. If you need a DNA test, using a testing facility or laboratory is more conclusive. After you are confident in the DNA test results, you can sign the VAP to establish a relationship with the child.
The Statute Of Limitations For Determining Paternity
If the child has two legally established parents, another party cannot sue for paternity if two years have elapsed since paternity was first established. If the child or a parent wants to challenge paternity, they have only two years from when they knew or should have known to bring the case to court.
Also, if a father wants to establish paternity, he must do so before the child turns 20. However, the sooner the father establishes paternity, the better for the child and the father-child relationship.
Contact Our Illinois Paternity Lawyers Now
Establishing paternity is vital for both parents to exercise certain legal rights. If there are questions about a child’s paternity, you must work with qualified legal counsel to enforce your rights. Contact our Illinois paternity lawyers at Bruning & Associates, P.C. for help with your paternity case at (815) 455-3000.
