Why Does Paternity Matter When Unmarried Couples Separate?

 Posted on July 15, 2024 in Family Law

For married couples, Illinois courts assume the husband is the father of any children born during the marriage unless evidence such as a Denial of Paternity form or a VAP overturns that assumption. The same is true for parents in a civil union. During a separation or divorce, the father has parental rights and can seek custody.

This situation is different for unmarried parents. In Illinois, the biological mother has sole custody of a child born to an unwed couple by default. However, there are ways that the biological father can gain parenting rights. Mothers can also seek to prove paternity to receive child support. If you need to establish paternity, an Illinois paternity lawyer can help.

What Does Paternity Mean Legally?

Paternity establishes a legal connection between a biological father and his child. This connection is important, both for the parents and their child. Legally established paternity:

• Can help children gain access to their father’s medical history information

• Gives children rights to their father’s Social Security or Veteran’s benefits, insurance, and inheritance

• Allows fathers to include their name on the child’s birth certificate

• Lets fathers seek parenting time and decision-making authority, depending on parental agreements or court orders

• Gives mothers the right to seek child support from the biological father

Establishing paternity is the first step toward custody and child support agreements. Your attorney can discuss the next case-specific steps with you.  

What Are Parental Responsibilities and Parenting Time?

Responsibilities to your child come along with the benefits of paternity. You are probably familiar with the terms "custody" and "visitation." In Illinois, the legal term for custody is "parental responsibilities," and visitation is called "parenting time."

Does Paternity Mean the Father Has To Pay Child Support?

Both parents have a legal obligation to financially support their children. Once the couple separates, one parent usually pays child support to the other.

Establishing paternity does not automatically mean the father has to pay child support. A child support determination considers each parent’s financial situation and the overnight time the child has with each parent. Your legal team can help you calculate possible child support obligations.

How Can You Establish Paternity in Illinois?

Unmarried Illinois parents have three ways to establish paternity.

Voluntary Acknowledgement of Paternity

When the child is born, the mother and father can both sign a document, known as a VAP, while in the hospital or afterward. This official form allows the parents to recognize the biological father without involving the courts.

At times, either parent may decide to contest the VAP after they sign it. A paternity lawyer can make this process smoother.

Administrative Paternity Order

The Division of Child Support Services usually initiates this type of paternity order to help mothers seek child support. Illinois’ DCSS can order genetic testing to establish paternity, among other services.

Court-Ordered Paternity

Either parent can file a paternity petition with the Illinois courts. During a hearing, the court can order DNA testing. If this genetic testing proves that a man is the biological father, the court will then issue an order of paternity.

Hiring a knowledgeable paternity attorney can help protect your rights.

Contact a Naperville, IL Paternity Lawyer Today

Establishing paternity can be stressful, especially if you are not sure of your rights. Seeking the help of a compassionate, experienced DuPage County, IL paternity attorney can make the process easier while protecting your interests.

Mevorah & Giglio Law Offices has more than 175 years of combined experience helping families, and we offer free consultations. Although we are a large firm, you will always get the personal attention you deserve. Call us at 630-932-9100 to schedule your appointment.