Why Is a Voluntary Acknowledgment of Paternity Important in Illinois?

 Posted on May 22, 2020 in Family Law

In Illinois, when a child is born to a married couple, the husband is presumed to be the father of the child by law. However, paternity can and should be established even if a couple is unwed. The father’s name cannot be added to the child's birth certificate until paternity is confirmed. If the identity of the biological father is not in question, both parents can sign a Voluntary Acknowledgement of Paternity (VAP). This will ensure that both parents can share in child custody and parenting time. It can also ensure that a child will receive financial support from both parents. Whether you need to establish paternity through a VAP or other methods, or if you have other concerns regarding child custody or child support, you should work with a skilled family law attorney to protect your parental rights and ensure that your child can maintain a relationship with both parents.

What Is a VAP?

If a couple is unwed, or if a person other than the mother's husband is the child's biological father, a VAP legally establishes paternity. In addition to protecting parents' rights to share in responsibility for raising the child and ensuring that the child can receive child support, establishing paternity can also provide a child with financial security in the form of Social Security benefits if a parent is deceased or disabled, inheritance rights, health insurance benefits, and more. A child will also be able to access his or her family’s medical history at some point later in life if any health issues come up. 

A VAP can be signed by both parents and submitted to the Illinois Department of Healthcare and Family Services (HFS). VAP forms can be obtained at: 

• Hospitals

• Local child support offices

• The HFS or Division of Child Support Services (DCSS) website

• Any Department of Human Services office

• Any county clerk’s office

• Any state or local registrar’s office

Before signing a VAP, it is important for parents to understand their rights and responsibilities with the help of an experienced family law attorney. There is no time limit for completing a VAP, and it can be filed at any time following the child's birth. Any parents who are not legally married can submit a VAP, including minors (who do not need the consent of their parents or guardians) and non-US citizens as long as their child was born in the United States.

Contact a Joliet, IL Family Law Attorney

Studies show that a child benefits from having a relationship with both parents, regardless of whether they are married. The circumstances of your relationship aside, seeking the assistance of a Will County paternity lawyer will ensure that all of the legal aspects of parentage are handled properly. At the Law Offices of Tedone & Morton, P.C., we have years of experience advocating for our clients in all matters of family law. To learn how we can help you, call us today at 815-666-1285 to schedule a free consultation.

Source:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx