Establishing Paternity in Illinois When a Man Denies He Is the Father
Paternity is the legal recognition of a father-and-child relationship. In the case of a married couple, paternity is assumed, and no further action is needed to establish paternity. The husband of the child's mother is automatically considered the child's father.
However, life can be complicated. Sometimes, a situation arises in which an alleged father denies that he is the child's father. If you are involved in a situation like this, it is important to understand your rights.
Paternity May Be Established Through Judicial or Administrative Action
In Illinois, paternity may be established by a court action or an administrative process initiated either by the mother or the father.
If the presumed father denies that he is the biological parent of a child, then genetic testing will be required to ascertain paternity. DNA paternity testing is a non-invasive procedure during which cheek swabs are taken from both the presumed father and the child. The samples are examined at an accredited laboratory to determine genetic markers, and from those markers, the probability of paternity is calculated. Paternity tests are extremely accurate.
If the test results show that the man is not the father, then he may be dismissed from further proceedings. However, if the test results show a high probability of paternity, then the father may be subject to certain obligations.
Consequences of Establishing Paternity
When paternity is established through the administrative process or through court action, it is legally binding. The father may be subject to a child support order or other obligations. The father may also seek parental responsibilities and parenting time with the child. However, establishing paternity does not guarantee that a father will gain these rights. The court makes all child custody-related decisions based on what is in the child's best interests.
Whatever your unique situation, having your paternity case handled properly is essential to preserving your rights. To ensure that you take the right steps, contact an experienced Illinois family law attorney. An experienced lawyer can advise you on the best course of action and represent your interests in court.
Contact a Joliet Paternity Lawyer
In Illinois, paternity can be established through several legal avenues. DNA testing is used in cases where paternity is uncertain or contested.
Whether you are a man denying paternity of a child or a mother seeking to establish paternity, having trustworthy legal counsel is crucial. Contact the Will County family law attorneys at Law Offices of Tedone and Morton, P.C. for help. Our skilled team understands the complex, sensitive nature of paternity cases and we are here to provide you with the assistance you need. Call our office at 815-666-1285 for a free initial consultation.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59
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