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5 Fast Facts About Paternity in St. Charles, Illinois

 Posted on December 22, 2021 in Paternity

IL familiy lawyerMost people are unaware of Illinois paternity laws until they have a child. While mothers typically establish parentage by giving birth, fathers are treated differently under the law. A mother or father who wishes to establish paternity of their child may need to take certain actions to do so. Unfortunately, paternity issues can be complicated both legally and personally. A family law attorney can help.

Paternity Is Not Assumed if Parents are Unmarried

In Illinois, the law presumes a mother’s husband to be the father of her baby. However, if the parents are not married at the time of the child’s birth or if there is uncertainty about who the father is, paternity will need to be formally established.

There Are Several Ways to Establish Paternity

The easiest way to establish paternity is a Voluntary Acknowledgement of Paternity. Parents can sign this form if they are both certain who the father is. However, sometimes, paternity must be established by an administrative order or through the family court system.

You Cannot Receive Child Support from the Father Until You Determine Paternity

If the father of a baby is not involved in the baby’s life, the mother may hesitate to establish paternity. However, a mother cannot receive child support from a father until his biological relationship to the child is established. If the father is unwilling to cooperate, establishing paternity for this purpose can be complicated and frustrating. A family law attorney experienced in paternity issues can help a mother in this situation determine the next steps.

Fathers Who Want Court-Ordered Parenting Time May Need to Establish Paternity

Establishing paternity gives a father the right to petition the court for visitation, or as it is called in Illinois law, “parenting time.” If you are a father who wants to spend more time with your child and you have not yet established paternity, this is the first step in gaining parental rights.

Children Can Benefit Greatly from Paternity Actions

There are many different ways that establishing paternity benefits children. First and foremost, establishing paternity gives a child the opportunity to form a relationship with their father. Establishing paternity also gives a child the right to be insured under his or her father’s insurance policy and receive an inheritance from the father.

Contact a Kane County Paternity Lawyer

If you are a mother or father with a paternity-related concern, contact Weiler & Associates, Inc. for help. Our St. Charles family law attorneys can explain all of our options and represent you through paternity proceedings. Call 630-331-9110 for a confidential consultation today.


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