A dispute over the parentage of a child can be extremely stressful. Parental rights and child support may be at stake. In any family law matter, the parentage of minor children is important to establish. In Illinois, a child born to a married couple is presumed to be the child of both spouses. This is true for same-sex couples as well as opposite-sex couples. The situation can become more complicated when a child is born to unmarried parents, or when a presumed father believes a child born to his wife is the product of infidelity.
Whatever your situation, Reifman Law Offices can help you work through your legal concerns regarding the parentage of a child. Whether you are a mother seeking child support from the father of your child, a father seeking parental rights, or a presumed father who suspects that a child is not biologically yours, we will work to resolve your concerns and establish parentage. Attorney Arkady Reifman has almost 20 years of experience in family law and is well-equipped to address your legal parentage issues, no matter the circumstances.
A child born to married parents is presumed to be the child of both spouses, regardless of biology. No DNA test is required to show parentage in this situation. When a child is born to an unmarried mother, however, more action is required on the father’s part to establish parentage. There are three ways for an unmarried father in Illinois to establish that a child is his:
Both parents sign a document asserting that they are the child’s parents. This form is usually completed in the hospital, shortly after the birth. It can also be signed before a witness at a later time. Once this acknowledgment is signed, it can only be revoked within two years for reasons of fraud, duress, or factual mistake about who the father is.
A judge can enter an order of paternity establishing who the child’s father is. This may involve a DNA test in cases where paternity is in dispute.
The Illinois Department of Healthcare and Family Services has a Division of Child Support Services that can establish parentage by conducting a hearing.
Once parentage is established in one of these ways, the father will have all the same parental rights and responsibilities as he would if he were married to the mother.
Establishing parentage is often most important for parents who are not married. A mother may need to prove who the father of her child is in order to collect child support payments. An unmarried father may need to establish that a child is his in order to fight for custody or be awarded parenting time (visitation) and other parental rights. Or, a man, whether unmarried or married but divorcing, may need to demonstrate that a child is not his to avoid costly child support payments.
Whatever reason you have for needing to establish parentage of a child, Reifman Law Offices can help. We understand that establishing or disputing parentage is often an emotionally charged experience, and are prepared to offer compassionate advocacy for you and your children until a resolution is reached.
Parentage is not as simple as identifying the biological mother and father anymore. Children born to married same-sex parents, as well as children born to married opposite-sex parents through a sperm donor, may be the legal – but not biological – child of both spouses. Children born through surrogacy may be biologically related to one, both, or neither intended parents. As medical technology advances, so must the area of family law.
We assist individuals and families in Cook, Lake, and DuPage counties.
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