Fathers who are involved in family law court cases usually want to make sure their parental rights will be protected. When a married couple with children gets divorced, both parents will usually have the right to share custody (now known as “parental responsibilities” in Illinois) of their children. However, if a child’s parents are unmarried, the father likely may first need to establish paternity before he will have any legal child custody rights. By understanding when it may be necessary to establish paternity and the rights that will apply to parents and children in paternity cases, fathers can make sure they take the correct legal steps that will allow them to maintain close, ongoing relationships with their children.
Establishing Legal Paternity in Illinois
If a mother is married when her child is born, by law her spouse is presumed to be the parent of the child. However, if the mother is not married, she and the father may need to take steps to ensure that the father will be recognized as the child’s parent. Even if both parents agree that a man is the child’s father, a failure to legally establish paternity may result in disputes in the future if the parents disagree about how they will share custody, or about other subjects. Without legal rights toward the child, the father may be unable to participate in raising the child or spend regular time with them.
To avoid these types of problems, parents can establish paternity by signing a “Voluntary Acknowledgment of Paternity” form (“VAP”). This may be done immediately after the child’s birth, and hospital personnel can usually assist parents in the completion of this form. Parents may also agree to voluntarily acknowledge paternity at a later date, and they may do so by obtaining a form from their local courthouse or child support office. If both parents do not agree to acknowledge paternity, either parent may pursue a paternity case with the assistance of Illinois Child Support Services, or they may file a petition with the court and ask a judge to order genetic testing to confirm the identity of the child’s father.
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