How Will Paternity Influence My Custody Rights?

 Posted on February 05, 2025 in Paternity

For fathers, establishing paternity is more than just signing a form; it allows them to build a connection with their children. Without paternity, fathers are limited in their ability to have custody, visitation, or a say in important decisions about the child’s upbringing. If you want to play an active role in your child’s life, it is vital to understand how paternity impacts custody and parenting plans. An Illinois family law attorney can help you take steps to protect your rights and your relationship with your child.

What Is Paternity, and Why Does It Matter?

Paternity is the legal recognition of a man as a child’s father. Even if he is biologically related, a father does not have any legal rights or responsibilities regarding the child if paternity is not established. This means he cannot petition the court for custody, parenting time, or any decision-making authority.

In Illinois, paternity can be established through various methods. The first way is through the presumption of paternity, which applies to a man who is married to the mother when the child is born or within 300 days before the child’s birth. Next, both parents can sign a Voluntary Acknowledgment of Paternity (VAP). Lastly, paternity can be established through genetic testing if it is required through a court order.

How Does Paternity Impact Custody and Parenting Time?

In Illinois, custody is referred to as the allocation of parental responsibilities, and visitation is called parenting time. A father cannot request either without first establishing paternity.

Once paternity is confirmed, the father can petition for parental responsibilities, which include decision-making authority over the child’s education, healthcare, religion, and extracurricular activities. Courts base these decisions on what is in the child’s best interests and will consider factors such as:

• The child’s needs

• Both parents’ capability to meet those needs

• The child’s relationship with each parent

Establishing paternity also allows a father to request parenting time, which ensures regular and meaningful contact with the child. Courts typically encourage shared parenting time whenever it benefits the child.

How Does Paternity Influence Parenting Plans?

Parenting plans detail how parents will share responsibilities for raising their child. These agreements typically address:

• Parenting time schedules

• Decision-making authority

• Communication between the child and the other parent

Parenting plans must be presented to the court if parents cannot agree on custody arrangements. Without paternity, a father has no legal standing to participate in developing a parenting plan. By establishing paternity, the father gains the right to contribute to decisions that shape how the child will be raised.

Can Paternity Be Challenged?

In some cases, paternity may be disputed. For instance, a man who signed a Voluntary Acknowledgment of Paternity can revoke it within 60 days. Besides this, paternity can only be challenged in cases of fraud, duress, or mistake, which usually require court involvement and genetic testing. Once paternity is legally established, the father can proceed to assert custody and visitation rights.

Consult with a Kane County, IL Paternity Lawyer

If you need assistance with establishing paternity or addressing custody and parenting time issues, a St. Charles, IL family law attorney at Goostree Law Group can provide guidance and support. Call 630-584-4800 today for a free consultation to learn how we can help you.