Three Important Reasons to Establish Paternity in Illinois

 Posted on July 26, 2025 in Paternity

When a child is born to married parents, establishing paternity is fairly straightforward; the man is assumed to be the father. Otherwise, the father can sign a document acknowledging himself as the father. But if paternity is not established, it can have serious ramifications for the mother, father, and the child. A St. Charles, IL family law attorney can represent you in concerns about parentage, advocating for your rights in court.

At Weiler & Associates, Inc., we know how important legal parentage is. We represent parents in paternity actions regarding custody rights, establishing child support, and other important matters.

Paternity Gives You the Right to Seek Custody

In Illinois, you cannot seek custody rights to your child if you are not the legal parent. This can put you at a serious disadvantage if you want to play an active role in your child’s life, as the court will not recognize your rights without paternity. Parenting rights can include the right to parenting time as well as decision-making responsibility. 

If you are not presumed to be the father at birth, you could sign a Voluntary Acknowledgment of Paternity (VAP) with the mother’s consent. However, if this is not an option, our firm can help you file a paternity action in court. This typically involves taking a DNA test to prove that you are biologically related to the child. 

Keep in mind that establishing paternity does not automatically give you child custody. It does, however, give you legal grounds to petition for custody rights. The court’s decisions on custody are always guided by the child’s best interests.

Parentage Comes With Child Support Responsibilities

Mothers also have a significant stake in paternity cases. In Illinois, parents have a legal obligation to provide for their children. However, if the alleged father is not the child’s legal parent, he has no responsibility to pay child support. 

If you were not married to your child’s father within 300 days of birth, you should both sign a VAP to establish parentage. If the father refuses to sign, however, your only option may be to go to court. Even if the father declines to submit to DNA testing, a judge can still declare him to be a legal parent. At Weiler & Associates, Inc., we take child support responsibilities seriously, and we will fiercely advocate for your child’s rights.

Paternity Impacts a Child’s Inheritance Rights

Another important, but often overlooked, reason to establish paternity is protecting your child’s right to an inheritance. Without establishing parentage, a child has no inherent rights to his or her father’s estate. This can pose a serious issue if the father dies suddenly without a will in place, since his assets will be distributed according to Illinois’ intestacy laws. 

Meet With a Kane County, IL Paternity Attorney

Naming both of a child’s legal parents is important for his or her upbringing. At Weiler & Associates, Inc., we are qualified to represent parents dealing with contested paternity issues. Call our offices at 630-331-9110 for a consultation with our St. Charles, IL parentage lawyers.