Paternity

family law paternityUnmarried parents of minor children are entitled to many of the same rights as divorced parents with respect to the care and support of their children. they can seek to obtain parental responsibilities, collect child support, and ask for visitation rights. The court must first establish the identity of the child’s father before awarding a party any of these rights.

In Illinois, paternity is established in three ways:

Presumption

A man is presumed to be the father of a child is he was married to the mother when the child was born or conceived. If he later marries the mother and consents to being named on the birth certificate, or if he signs a Voluntary Acknowledgement of Paternity, the court also considers the man to be the father of the child.

Consent

A man who signs a Voluntary Acknowledgement of Paternity at the child’s birth is considered the legal father of the child and is named on the birth certificate as the father; The father who challenges this must show that he signed under fraud, duress, or mistake if he wishes to be removed from the parenting responsibilities.

Court Determination

A man is deemed to be the father of a child based on the results of DNA testing.

Allocation of Parental Responsibilities

While the State of Illinois no longer uses the term “custody” in favor of allocation of parenting time” and “allocation of parenting responsibilities”, the concepts are similar to custody issues. It can be a challenge to reach an agreement that is in the best interests of the children while being acceptable to reach an agreement that is in the best interests of the children while being acceptable to both parents. There are a number of reasons that the substantiation of paternity is important, both for the benefit of the father as a parental figure, as well as for the well-being of the child in terms of child support and parental rights and responsibilities.

Legal issues involving a child can be complex and emotionally charged. At this difficult time your family, you need to help of an attorney you can trust to handle your case with the utmost compassion, skill, and professionalism. Mark Becker can help you resolve these critical issues.

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Mark Becker Family Law

DuPage Divorce Lawyer

1105 West Burlington Avenue
Western Springs, Illinois 60558
Phone: 708-246-7277
Email: Mark Becker Family Law

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