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Our experienced Naperville paternity attorneys are your aggressive advocates and will use every tool at our disposal to give you a favorable resolution to your paternity case. We have successfully resolved all types of paternity matters, from voluntary acknowledgement to fraud and matters where one parent is incarcerated.
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The purpose of a 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.
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In this article, our Naperville paternity attorneys explain the types of paternity cases that can be filed in Illinois. We discuss who can file a paternity suit, when a contested paternity suit can be filed, and how the courts proceed with these matters. We also discuss contested paternity suits as well as the statute of limitations regarding these types of cases.
In this article, our Naperville paternity lawyers explain the establishment of paternity by consent at birth.
When children are born to patents who are unmarried, hospitals and midwives are required by the Illinois Vital Records Act to provide the parents with the forms that allow the parents to simply and easily establish paternity by mutual consent, assuming that both parents agree. These forms include:
If the parents are in agreement about paternity, they can execute these forms and deliver them to the clerk of the circuit court. The judge will then enter the agreed order without requiring the parents to appear in court.
In this article, our Naperville paternity attorneys explain what a "presumed father" is in Naperville paternity matters.
If there is a "presumed father" (as defined by the Illinois Parentage Act), there is a a higher burden of proof in a paternity case.
A "presumed father" is designated if any of the following are true:
Read more by our Naperville paternity lawyers about this and other paternity law matters.
In Illinois, paternity (legally known as parentage) can be established in three ways. First, if the mother is married when the child is born, the husband is presumed to be the father. Second, unmarried parents can voluntarily establish paternity by both signing a Voluntary Acknowledgment of Paternity (VAP) form, typically at the hospital at the time of birth or later through the Illinois Department of Healthcare and Family Services — this is a legally binding document. Third, if paternity is disputed, either parent can file a petition in court for DNA testing; the court may order genetic testing, and if paternity is established, the court will enter a finding of paternity and address parenting time, responsibilities, and support. Establishing paternity is the first step to securing parental rights and child support for unmarried parents. Learn more about Illinois paternity law.
Once paternity is established in Illinois, the father has the same parental rights as a father in a marriage would have — including the right to seek allocation of parental responsibilities (formerly called legal custody) and parenting time with the child. Prior to establishing paternity, an unmarried father has no legal parental rights, even if the biological connection is clear. Once paternity is established, a court can address parenting time schedules, decision-making responsibilities for education, healthcare, religion, and extracurricular activities, and child support. The mother does not automatically retain sole parenting authority after paternity is established — the court applies the same best interests of the child standard as in a divorce. Contact our Naperville paternity attorneys to protect your parental rights.
Yes, but only within a limited window. Under Illinois law, a Voluntary Acknowledgment of Paternity (VAP) can be rescinded within 60 days of signing by either parent without needing to show a specific legal reason. After 60 days, the VAP can only be challenged in court on the basis of fraud, duress, or material mistake of fact — and even then, the court will consider the best interests of the child in determining whether to set it aside. DNA evidence alone is not always sufficient to overturn an acknowledged paternity if the child has developed a significant relationship with the acknowledged father. If you have doubts about paternity or believe a VAP was signed under improper circumstances, consulting an attorney promptly is critical given the short rescission window. Contact our Naperville paternity attorneys.