A Female Attorney Representing the Rights of Both Men and Women.
Paternity
Paternity Law in Cook, Dupage, Kane, McHenry, Lake, Will and Kendall counties in Illinois
There are several circumstances that arise where a paternity test is needed. Whether you wish to establish paternity rights with your child or have been served a notice of impending paternity action, it is critical to be represented by an experienced paternity lawyer/attorney.
At Carol Jacobs Gabe law, we have the expertise needed to ensure a smooth and successful process.
How Can Paternity be Established?
Establishing paternity is the critical first step to granting child support. Upon setting up legal paternity, a child is eligible to receive the father’s benefits including: Social Security, veteran’s benefits, medical coverage, pensions and inheritance. Further, it makes the medical genetic information available for both parents should it be needed to diagnose or treat any medical problems.
When a child is born to unmarried parents, paternity can be established immediately by signing a voluntary acknowledgement of paternity form. Signing this form eliminates the court process and ensures the father’s name is added to the birth certificate. This form can also be signed at a later date at the local registrar of vital records, county clerk’s office, local Department of Human Services office or child support enforcement office.
It’s important be aware that the rights of a child born out of wedlock are the same as the rights for a child born in wedlock. There are however, certain ‘Statutes of Limitations’ attendant to seeking and obtaining children’s rights when paternity is concerned, and relative to a father being acknowledged by a court as the natural biological father of a child born out of wedlock. Unless a male is 100% certain that he’s the biological father of a child born out of wedlock, he must understand that if he acknowledges paternity at the time of birth, being named the father on the birth certificate, he may be adjudged by a court to have waved any rights to take a DNA test to determine parentage.
If the form is not signed, the law views the child as having no legal father. Therefore, child support can only be established if you proceed with the paternity/parentage action. Genetic tests are used when an alleged father is in doubt about being the father or whenever paternity is contested. Paternity can also be established by default when an alleged father fails to attend an interview or genetic testing after being properly served.
Issues may also arise even if a child is born to married parents in a contentious divorce, the husband may question whether he is truly the father. At Caryl Jacobs Gabe law, we help our client’s file a parentage complaint to establish or contest paternity and address the child support obligations according to Illinois guidelines.
