Illinois law presumes the male is the father of any children conceived during marriage. This is not the same presumption when the parents are not married. It is necessary to legally establish parentage before the father can assert parental rights, or the mother can ask for child support.
The Schwulst & Roseberry, P.C. law firm in Bloomington, IL, represents unmarried parents in matters of paternity, custody, and related family law. We can arrange DNA testing to resolve any questions of parentage, and we can represent fathers or mothers in negotiation or litigation of parenting arrangements and financial support of children born out of wedlock. Contact us today for a free initial consultation.
Paternity matters can be complicated and emotionally charged. However, the Illinois Parentage Act is clear regarding the rights and obligations of unmarried parents:
Signing a Voluntary Acknowledgment of Paternity allows an unmarried father to establish parentage without a court order. The father has 60 days to rescind if he learns otherwise.
If either the putative father or the mother denies that the child is his, the court can require a paternity test. Genetic testing (DNA test) is considered definitive legal proof one way or the other.
Any man who believes he may be the biological father of a child should register with the Putative Father Registry to preserve his custody rights. Many dads learn too late that they have a son or daughter. There is no recourse or legal standing once the child is adopted by another family or by a stepparent if the biological father failed to register with the Putative Father Registry or initiate a prompt paternity action to establish his parental rights.
Presumed paternity can be challenged, but only within a specific time frame. If you now suspect you are not the father of a child (in or out of wedlock), you should seek legal counsel immediately.
Once parentage is established, the court will determine child support according to the guidelines for divorcing couples. We can represent either party in proceedings or negotiations for child support levels and arrearages.
If parentage is upheld, the father can petition the court for visitation or shared custody. We represent either parent in working out a practical parenting schedule. If the dad has not been involved with the child, the court may start with shorter or supervised visitation and phase in a more significant role over time.
Our experienced lawyers offer the first half-hour of consultation for free to determine if we can address your legal problem. Call our Bloomington family law attorneys at 309-829-3636 or email us today, and we will respond promptly.
We offer the first half-hour of consultation free of charge to determine if we can help you.
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