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Paternity

Rolling Meadows Paternity Attorneys

For unmarried couples, establishing paternity is an important legal issue. In addition to ensuring children receive the support they need, it also protects their rights to other important benefits. At Heckman Law, our Chicago paternity attorneys offer the aggressive legal representation you need in these situations. Whether you are a parent seeking a paternity order to establish support or a parent seeking rights to custody and visitation, we can guide you through the legal process to ensure that you and your child’s best interests are served.

Establishing Paternity in Illinois

For married couples, the husband is assumed to be the child’s father, with legal rights and responsibilities established at birth. For unmarried couples, the situation is somewhat more complicated, and the legal standing of the father is an issue. The Department of Health and Family Services ( HFS) advises that there are three main ways in which paternity is established in Illinois:

  • Both parents complete and sign a Voluntary Acknowledgement of Paternity;
  • An Administrative Paternity Order is established through HFS;
  • An Order of Paternity is established and entered through the Illinois family courts.

Without a voluntary acknowledgment by the father, genetic testing is required in order to prove paternity. While a positive test result can form the basis for a paternity order, further steps may be taken to determine parenting time and visitation rights.

Benefits of Establishing Paternity

At Heckman Law, our Chicago paternity attorneys can advise you on how Illinois parenting laws apply to your situation. We provide the caring, professional legal representation needed to defend the rights of parents while ensuring children receive the benefits they are entitled to under the law.

Even if you and the other parent are in agreement on issues relating to parenting time, visitation, and support, it is in your child’s best interests to establish legal paternity. Benefits include:

  • Access to information relating to family health history;
  • Rights to child support and enforcement of orders;
  • Access to health and life insurance;
  • Rights to government benefits, including those available through Social Security and the Veterans Administration;
  • Inheritance rights through the Probate Court.

We Can Help You Today

Establishing paternity can be a complicated and contentious process, requiring experienced legal representation to ensure you and your child are protected. Reach out and contact Heckman Law today to request a consultation with our Chicago paternity attorneys, who can advise you on the best course of action in your particular case.  

FAQs About Paternity in Illinois

How Do I Get A DNA Test To Establish Paternity In Illinois?

You can obtain a DNA test voluntarily through an accredited laboratory. For a voluntary process, parents and the child submit cheek swabs at a certified facility. The results create a legal presumption of parentage.

Can A Court Order A DNA Test In An Illinois Paternity Case?

Yes, an Illinois judge can compel a DNA test when a man denies paternity, a mother blocks testing, or a court requires certainty. Either party files a petition to establish parentage. The judge then issues an order requiring genetic testing at an approved clinic.

What Rights Does An Unmarried Father Have In Illinois?

An unmarried father has no legal rights until he formally establishes paternity. Once parentage is legally recognized through a court order, he gains the right to seek allocation of parental responsibilities and parent time. This status allows him to participate in educational, medical, and religious decisions.

What Is the Process for Filing a Paternity Case in Court?

To file a paternity case in Illinois, an unmarried mother or father needs to file a Petition to Establish Parentage with a local circuit clerk. The court will then issue a summons to the other party. In the event that the alleged father contests the claim, the judge will order a DNA test to confirm parentage. Once it is established, the judge can enter orders for child support, parenting time, and decision-making responsibilities.

Is There A Deadline To Contest Paternity In Illinois?

Yes, a person generally has two years from learning important facts to contest paternity. If a man signs a Voluntary Acknowledgment of Paternity, he has 60 days to repeal it. After that deadline, however, challenging the acknowledgment will require proving fraud, duress, or a material mistake in court.

Contact our office to arrange for a free initial consultation and review of your case.

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Andrea Heckman

Managing Attorney

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