Understanding Paternity and Parentage Laws in Kane County

 Posted on March 04,2022 in Family Law

Reports show that approximately 40 percent of babies are born to unwed parents. In Illinois, a parent’s marital status can affect parentage and paternity issues. Whether you are a mother or father, or you soon will be, it is important to understand how Illinois paternity laws may influence your situation. Child support, child custody, and several other important matters hinge upon parentage.

How to Establish Parentage in Illinois

Most parentage issues are paternity issues affecting fathers. Because the mother gives birth to the child, there is rarely doubt about who a child’s mother is. When a mother gives birth, she is automatically the child’s legal parent. If the mother is married or was married at the time of conception, her husband is considered the father.

In the case of unmarried parents, paternity may need to be established. A Voluntary Acknowledgement of Paternity (VAP) is a document used to confirm the identity of a child’s father. A father should only sign a VAP if he is sure that he is actually the child’s biological parent. If there is doubt about who the child’s father is, the child and presumed father may need to undergo DNA testing to confirm their biological relationship.

There is also a Voluntary Denial of Paternity (VDP) document used to deny the paternity of a child. For example, if a married woman had an affair, her husband may be the presumed father by law – even if another man is the child’s true biological father. The husband may use a VDP form to deny parentage. Alternatively, he may deny paternity through the court.

Establishing Paternity Through the Court

Parents may also go through the court system to establish paternity. Either parent may file a paternity suit to establish the legal father-child relationship. The person who files the paternity suit, or petitioner, will have the burden of proof in a paternity case.  Often, fathers go to court to establish paternity so they can have the right to parenting time, or time spent with their child. Mothers often file a paternity action so they can seek child support from the father. Establishing paternity also gives the child access to certain benefits including access to the father’s health insurance and social security.  

Contact a St. Charles Paternity Lawyer

The Kane County family law attorneys at Goostree Law Group represent both mothers and fathers in a wide range of paternity actions. Call us today to schedule a free consultation to learn more.

Source:

https://www.childtrends.org/publications/dramatic-increase-in-percentage-of-births-outside-marriage-among-whites-hispanics-and-women-with-higher-education-levels

https://www2.illinois.gov/hfs/SiteCollectionDocuments/hfs3416d.pdf