Paternity Lawyers Serving Illinois

Fathers of children born to unmarried parents face many hurdles regarding their rights under Illinois law. One common misconception is that executing a Voluntary Acknowledgement of Paternity (VAP) when a child is born grants parenting time and parenting decision making or visitation rights to the father. However, in Illinois, a VAP does not protect the father when it comes to parenting time and parenting decision making or visitation. It only allows child support to be initiated.

What many fathers fail to recognize is that under Illinois law, no parental rights and parenting time are established until a court enters an order declaring that a biological relationship exists. At this point, either parent can – and should – seek further orders as to legal custody, visitation, and support for the child.

Why Work with Cordell & Cordell’s Illinois Paternity Lawyers

With over 100 offices serving more than 30 states and an A+ Better Business Bureau accreditation, Cordell & Cordell helps fathers through various family law issues, including divorce, court orders for paternity cases, and other father’s rights.

What is Paternity in Illinois?

You need to develop paternity – a legal relationship between you and your child – if you want any visitation or custodial rights. Without it, you may have to pay child support but won’t have any custodial rights.

If you and the mother were married or in a civil union when the child was born, or if the child was born within 300 days of the end of the marriage or civil union, the state presumes you are the father of the child.

Illinois Paternity Laws

If you are not sure whether the child is yours, you can ask for genetic testing to determine who the child’s father is for child custody and child support. Pursuant to the Parentage Act of 2015, if the mother refuses to submit to a DNA test, the court can order her and the child to submit to a DNA test.

In Illinois, paternity cases are subject to most of the same laws that govern custody, visitation, and child support in divorce cases. They are also subject to the same modification and enforcement laws. Additionally, if you are unable to resolve time-sharing issues, the court will order you to attend mediation to make a good faith effort in reaching an agreement as to time-sharing and child support.

Illinois Paternity Tests

While you can sign the voluntary acknowledgment of paternity, we recommend getting a paternity test first. If the child is not biologically yours, it is very difficult to convince a court to overturn a prior paternity order. If you or the mother initiates a paternity case, the court often facilitates a DNA test at a reduced cost to confirm the child’s paternity. It is a small price to pay versus abiding by a child support order if you are not the child’s biological father.

Paternity and Child Support

Asking for child support is different for the mother and father. If the father wants to establish child support for his child, he must establish paternity with the court. If a mother wishes to ask for child support from the purported biological father, she only needs to complete a VAP or have the father sign a birth certificate.

Even if you believe you are the father of the biological child, you should submit to a paternity test before signing a birth certificate or VAP.

If you did not sign a VAP, you could disprove paternity by asking the court to establish the non-existence of your relationship with the child. However, if you did sign a VAP, you have 60 days to sign a Rescission of Voluntary Acknowledgment of Paternity. You must have a witness to your signature and send the form to the Department of Health and Family Services.

If you need to disprove paternity after 60 days, you must prove that you were a victim of fraud, material mistake of fact, or duress at a court hearing.

Retroactive Child Support in Paternity Cases

It is imperative to establish whether you are the biological father as soon as possible, or you could end up owing thousands of dollars in retroactive child support. If a child is less than two years old and the mother starts a child support action, the court can order an alleged father to pay birthing and hospital expenses and child support from the child’s birth.

However, a mother has until the child’s 20th birthday to start a child support action. If the court finds that you are one of the biological parents, it could order you to pay retroactive child support from the child’s birth until the child reaches the age of majority or becomes emancipated.

To avoid this costly mistake, we recommend the alleged father of a child demand a paternity test immediately upon learning of the child’s birth. Genetic testing must show that the combined paternity index is at least 1,000 to 1 and that there is at least a 99.9 percent probability of paternity before the state presumes you are the biological father.

Additional Resources

• Obtaining Emergency Temporary Custody of Your Children — In a serious situation, you can ask for emergency temporary custody. Courts usually schedule a hearing for emergency custody much quicker than a regular hearing.
• Can A Child Choose The Custodial Parent? — Depending on the child’s age and maturity, the court may ask the child for his or her preferences.
• Custody Battle: 10 Things That Can Sabotage Your Case — Many actions can sabotage a custody case, including yelling, starting fights, and alienating the children against the other parent or relatives.

Client Experiences

“Great communication. [My lawyer] advised in order for me to make the educated decision.” – D. Johnson.

“[My lawyer] did everything exceptionally well. She was quick to respond, always available, and always there to answer any questions that I had. She always made herself available to me. She was absolutely great. She was always friendly, professional, and I could not have asked for a better experience overall.” – Daniel H.

Are You Seeking an Illinois Paternity Lawyer?

Cordell & Cordell is a national law firm that guides men through various family law issues. Contact our paternity attorneys today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your legal paternity case.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.