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Under the Illinois Parentage Act, a child born to a married couple has a legal parent presumed automatically, but for unmarried parents, paternity must be established through one of a few paths. The most common is a Voluntary Acknowledgment of Paternity (VAP), a form both parents can sign at the hospital or afterward, which carries the same legal weight as a court order once it's filed with the state. When parents disagree about parentage, or one parent won't cooperate, the matter can be resolved through an administrative paternity order or a court case involving DNA testing. Getting this right matters. Establishing paternity opens the door to parenting time and a say in major decisions for fathers, secures a path to child support for mothers, and gives children access to benefits like health insurance and inheritance rights. Bolingbrook families with paternity matters typically have their case heard in Will County, though the right court can depend on where the parents or child live.
Paternity cases come with a real deadline pressure that many parents don't realize until it's too late. If you signed a VAP and have concerns about it, Illinois law generally gives you just 60 days to rescind it, after that, undoing it requires proving fraud, duress, or a material mistake of fact in court. Our attorneys help fathers establish parentage so they can pursue custody and parenting time, help mothers secure a legal father for purposes of support and stability, and represent clients who need to contest or challenge an existing paternity determination. We move quickly when timing matters, and we take the time to walk you through what each option, VAP, DNA testing, or a court order, actually means for your specific situation.
Once paternity is legally established, it opens the door to the next set of decisions: parenting time, allocation of parental responsibilities, and child support. These issues don't resolve themselves just because paternity is confirmed, they typically require their own agreement or court order. Our team helps parents move from establishing parentage into building a parenting plan and support arrangement that reflects their family's actual needs, and we're available if circumstances change and a modification becomes necessary down the road. If you're at the very beginning of this process and aren't sure what steps to take first, that's a good reason to reach out before signing anything.
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400 N Schmidt Rd STE 202
Bolingbrook, IL 60440
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You generally have 60 days from the date you sign a VAP to rescind it, and the form must be witnessed and sent to the Department of Health and Family Services. After that window closes, you can only challenge it in court by proving fraud, duress, or a material mistake of fact, so it's worth requesting a DNA test beforehand if there's any uncertainty.
If the mother doesn't cooperate with a Voluntary Acknowledgment of Paternity, you can petition the court to establish parentage, which may involve court-ordered DNA testing for the child, mother, and alleged father. Once genetic testing shows a high probability of paternity, Illinois courts will typically enter an order establishing legal parentage.
No, establishing paternity confirms legal parentage but doesn't by itself set a custody or parenting time schedule. Once paternity is established, either parent can request the court allocate parenting time and parental responsibilities, which is typically addressed through a separate parenting plan or agreement.