Kane County Paternity Lawyer

Attorneys Assisting With Establishing Parentage in Aurora, Batavia, and Naperville

From when a child is born until they are an adult, they deserve to receive support from their parents. Most people will probably agree with this idea, but it is not just a nice thought; in the state of Illinois, it is the law. Illinois statutes state that every child has the right to "the physical, mental, emotional, and financial support of his or her parents," and this is true regardless of the parents' marital status. In order to ensure that children will receive the financial support they need from both their parents, it is important to understand how to legally establish a child's paternity.

At Swearingen Law Offices, we work personally with our clients, making sure you understand Illinois' family law statutes and how they apply to your unique situation. Attorney Brad Swearingen has over 38 years of experience representing clients in a wide variety of family law cases, and he will ensure that the laws are followed correctly and your rights are protected when you are seeking to establish paternity.

Establishing Paternity Under Illinois Law

If a child's mother is married when the child is born, or if the marriage ended within 300 days before the child's birth, her spouse or former spouse is legally presumed to be the child's parent. If the mother is unmarried, or if the presumed father denies or contests parentage, paternity can be established in one of three ways:

1. Both parents can sign a Voluntary Acknowledgement of Paternity (VAP) form. This form must be signed in the presence of a witness, and it must be filed with the Illinois Department of Healthcare and Family Services (HFS).
2. The court can order an investigation in which DNA testing will be used to establish paternity administratively, and if paternity is contested, an evidentiary hearing can be held.
3. A parent or child can file a petition to adjudicate parentage, requesting a court hearing to establish paternity judicially.

When establishing paternity through administrative or judicial processes, the parents and child may be required to submit to DNA testing. If DNA tests show that there is at least a 99.9% probability that the alleged father is the biological father of the child, then they will be presumed to be the child's legal parent. If an alleged parent refuses to submit to genetic testing, the court may find in the other party's favor and decide that they are the legal parent of the child.

When paternity has been legally established, the court will then make decisions regarding the allocation of parental responsibilities and parenting time, as well as whether one parent will be required to pay child support to the other parent.

Contact an Aurora Family Law Attorney

Whether you need to ensure that your children have the financial support they need or wish to ensure that you will be able to have an ongoing relationship with your children, it is essential to have an attorney on your side who can help you meet your legal requirements for establishing paternity. At Swearingen Law Offices, we will make sure you understand how Illinois paternity laws apply to you and advocate for your children's best interests throughout the legal process. Contact a Kane County paternity lawyer at 630-820-8877 to schedule a consultation. We serve clients in Aurora, Batavia, West Chicago, Montgomery, Naperville, and throughout Kane, DuPage, and Kendall Counties.