Lake in the Hills Paternity Attorneys | Paternity Lawyers, Lake in the Hills IL

Lake in the Hills Paternity Attorneys | Paternity Lawyers, Lake in the Hills IL

Our skilled Lake in the Hills paternity attorneys will be your voice. Our are proud of our excellent customer service and cost effective rates, we look forward to being your advocates in your paternity case.

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Lake in the Hills Paternity Attorneys

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In this video, attorney Kevin O'Flaherty describes ways you can receive legal services from the comfort of home.

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Lake in the Hills Paternity Attorneys

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Please contact our friendly

Lake in the Hills Paternity Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Lake in the Hills

8411 Pyott Road, Ste. 107
Lake in the Hills
IL
60156

Phone:

(847)231-2102

E-Mail:

lakeinthehills@oflaherty-law.com

9 am - 5 pm Mon - Friday
After 5 pm by Appointment
11 am - 3pm Saturday & 11 am - 2 pm Sunday by Appointment

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Some of Our Accomplishments

Naperville attorney
DuPage County Probate Attorney
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paternity attorney mchenry county illinois

Lake in the Hills Paternity Attorneys

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

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Lake in the Hills Paternity Attorneys

Lake in the Hills Paternity Attorneys | Paternity Lawyers, Lake in the Hills IL

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

How is Child Support Handled in Paternity Cases?

 Child support in paternity cases is handled mostly in the same way as in marital cases with two exceptions. Pregnancy expenses may be awarded along with retroactive child support. Pregnancy expenses can be awarded to the mother if the case is filed within two years of the birth of the child. Although retroactive child support can be awarded in some martial cases it is awarded very scarcely. It is done this way because the assumption is that in a divorce case the father was already supporting the child throughout the marriage. In paternity cases the court has discretion to award retroactive child support based on the following:

  • When the father learned that the child had been born; 
  • Whether the father had previously been willing to support the child; 
  • Whether the mother previously sought the father's assistance in supporting and raising the child;
  • Whether the mother had a valid reason for not filing a paternity suit earlier; and 
  • Whether the mother's delay in bringing the suit prejudiced the father. 

You can read about child support generally here: Child Support Explained, and Changes to Child Support Laws for 2017.

In this Learn About Law podcast & videoblog, attorney Kevin O'Flaherty discusse changes to Illinois child support laws in 2017

Our Lake in the Hills Paternity Lawyers Will Represent You In Contested Paternity Suits

A paternity suit to establish a father-child relationship may be filed by the child, the mother, anyone claiming to be the child's father, or any individual or government agency that is providing financial assistance to the child.

‍By contrast, only the child's mother or the child's "presumed father" have standing to file suit to establish the non-existence of a father-child relationship.

‍Contested paternity suits can be filed before the birth of the child.  However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests. 

‍Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty.  However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts. 

‍Contested paternity suits can be filed before the birth of the child.  However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests. 

‍Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty.  However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts. 

‍In order to initiate a paternity suit, the petitioning party must file a petition to determine paternity in the circuit court of any county where any party to the suit resides.  The petition must then be served upon the responding party, along with a summons requiring him or her to appear in court on a particular date.

‍The child's legal guardian can represent the child in a contested paternity suit.  However, the court has discretion to appoint a guardian ad litem.  A guardian ad litem is an attorney appointed by the court to represent the child's best interests in the case. 

In this Learn About Law episode, attorney Kevin O'Flaherty discusses the concept of a presumed father and how a presumed father is established by law.

Burdens of Proof in Paternity Cases

If there is no "presumed father," the existence or absence of a father-child relationship must be proved by the "preponderance of the evidence," meaning more likely than not. If there is a "presumed father," the presumption that this person is the father requires "clear and convincing evidence" to rebut, a higher standard than the preponderance of the evidence. ​If a party seeks to prove paternity after the death of a parent (usually for the purpose of inheritance), clear and convincing evidence is also required. ​​​If there is a Voluntary Acknowledgment of Paternity, there is a presumption of paternity that will become conclusive and cannot be rebutted if the acknowledgment is not rescinded within 60 days of signing or the date that the paternity suit is filed, whichever comes first.  

Read the full article by our Lake in the Hills paternity attorneys explaining paternity laws.

In this Learn About Law episode, attorney Kevin O'Flaherty discusses the concept of a presumed father and how a presumed father is established by law.

Different Types of Paternity Suits In Illinois

The Illinois Parentage Act controls any issues that may arise from children born outside of wedlock.There are three main types of paternity cases that can be filed, they are:

Contested paternity cases;A court action to establish paternity by mutual consent of both parents; and suits to prove that an individual is not the father of the child in question.

Our Lake in the Hills paternity attorney are experienced all of the above paternity suits.

Further Reading From Our 

Lake in the Hills Paternity Attorneys