When a couple marries and has children, but later decides to obtain a divorce, they must agree to abide by a court-approved child custody agreement. While couples who were never married, but are still going through the process of separation do not have to obtain a divorce, they must also comply with a custody order. However, it can be much more difficult to determine child support and a custody arrangement when a couple was never married, especially if a child’s paternity is in question, so if you are interested in establishing or disputing your child’s paternity, please contact an experienced Arlington Heights divorce attorney who can help walk you through the process.
Paternity is a term used to describe the legal relationship between a father and a child. In some cases, paternity can be presumed, including when:
However, there are other ways to establish paternity in Illinois, which include:
The easiest method to establish paternity is to complete a VAP when the child is born. To be considered valid, the form must meet certain standards, including that it:
Either parent can withdraw a VAP by signing an official Rescission of Voluntary Acknowledgement of Paternity document. However, parents only have the option of rescinding the VAP for two months after the original VAP was signed. After this deadline has passed, a VAP cannot be withdrawn unless a court orders it based on fraud, duress, or mistake of fact.
In cases where one or both parties disputes paternity, a court can require the alleged father to take a genetic test where the DNA of the child, the mother, and the subject will be compared. Usually, the test is done by swabbing the inside of each party’s cheek. In Illinois, a man will automatically be presumed to be a child’s father if a genetic test reveals that he is at least 1,000 times more likely to be the father than a random person.
To find out more about the process of establishing paternity in Illinois, please contact experienced Arlington Heights divorce attorney Susan A. Marks today by calling SAM LAW OFFICE LLC at 847-255-9925 or by sending us a brief message containing a short description of your case.
Attorney Susan A. Marks was recently acknowledged by Lawyers of Distinction for her remarkable legal abilities and unwavering commitment. With a profound understanding of the law and a consistent dedication…
Attorney Brandon Djonlich has recently been named Litigator of the Year in Personal Injury Law by the American Institute of Trial Lawyers. His dedication to advocating for those affected by…
At the heart of our practice lies a deep commitment to serving those who have been wronged. We understand that facing a legal challenge can be one of the most…