Wheaton, Illinois Paternity Lawyers

Compassionate Attorneys Helping Clients Address Legal Parentage in Wheaton

Parenthood comes with rights and responsibilities. In Illinois, parentage refers to the legal relationship established between a parent and their child, although it is more commonly known as paternity. Establishing the identity of a child's father can be incredibly important for making decisions about child custody or securing child support. A dedicated family law attorney can help you in paternity disputes, making sure your rights as a parent are respected.

At Roberts PC, we know what is at stake for you in a petition for parentage. Our seasoned attorneys can help you establish paternity or contest a petition for attorney. We have over four decades of experience handling family law cases, and we are driven by a philosophy of respect and honesty when working with our clients.

Why Establish Paternity?

There are clear reasons as to why either parent would want to establish paternity. As a father, you will gain parental rights after establishing parentage, including the right to reasonable parenting time and a say in the child's life decisions. Moreover, as a legal father, your child can receive certain benefits tied to your insurance and your inheritance. In Illinois, you have a right to parenting time with your child unless your presence would endanger the child.

As a mother, it may be in your best interests to identify the legal father for the purposes of collecting child support. If you know who the father is, you can make sure he contributes to your child's needs by petitioning the court for a DNA test that will establish a biological link and a parent/child relationship. Wherever you stand in a paternity dispute, a family law attorney at Roberts PC can advocate for your best interests and inform you of your options at all times.

Presumption of Parentage

When a mother in a married couple gives birth, there is a legal presumption that her spouse is the child's other parent. This presumption of paternity also applies to divorced or separated couples who were married within 300 days of the child's birth.

Additionally, if a couple gets married after the birth of a child, the new spouse can place their name on the child's birth certificate as a legal parent.

Voluntary Acknowledgment of Paternity

A Voluntary Acknowledgment of Paternity (VAP) is a legally binding written agreement that can identify the legal father if there is no presumption of parentage beforehand. The important thing to note about a VAP is that if you sign it, you waive your right to DNA testing. Therefore, if you have any doubts about the identity of the biological father, you should get a genetic test beforehand.

Signing a VAP does not guarantee that a father will be able to share custody of their child. It does give a father the right to petition for custody in court, which will ultimately be decided according to the child's best interests. A VAP will ensure that a father can be required to make child support payments at least until the child turns 18.

There is a 60-day window during which you can rescind a Voluntary Acknowledgment of Paternity. If you wish to contest paternity, you will have to file a petition with the court, and DNA testing will usually be ordered to determine whether a person is the child's biological parent.

Meet With a Wheaton, IL Paternity Attorney

In a majority of cases, paternity is decided by a presumption of parentage. However, an unmarried couple will need to go to extra lengths to establish paternity, especially if the father is not willing to sign a VAP. A family law attorney can help you settle a paternity dispute by providing sound legal advice and advocating for solutions that will protect your child's best interests.

At Roberts PC, we have the resources and knowledge to handle your concerns about parentage. Our attorneys are fellows in the International Academy of Family Lawyers, an honor awarded to roughly 1 out of 3,000 Illinois attorneys. To schedule a free consultation with our firm, call us at 630-668-4211 or contact our offices online.