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Presumptions of Paternity in Your Illinois Family Law Case

Posted on in Family Law

Presumptions of Paternity in Your Illinois Family Law Case, family law, establish legal paternity, Crystal Lake family law attorneys, Illinois child support, Paternity PresumptionsFans of daytime television in Illinois may remember the talk show Maury, a show wherein a large number of the participants were either attempting to prove or disprove allegations that they were the parent of a particular child. (Those who remember the show may recall the host's famous line and delivery: “You are [or are not] the father/mother!”)  Any entertainment value aside, being found to be the legal father or mother of a child comes with rights and responsibilities, including the right to visit and parent the child as well as the responsibility of financially supporting the child.

What are Paternity Presumptions?

In cases where the child's other parent may not be immediately known or established, Illinois law provides for certain “presumptions of paternity.” In other words, if one or more of the following situations applies to an individual in relation to a child, a court may presume that person to be a parent to the child. These situations include:

  • Where the person and the child's mother entered into marriage or a similar relationship and the child is born during such relationship;
  • Where the person and the child's mother were married or in a similar relationship and the child was born within 300 days after such relationship ended;
  • Where the person and the child's mother attempted to marry (but the marriage or relationship was declared invalid) and the child is born during such invalid marriage or within 300 days after the relationship is declared to be invalid;
  • Where the person and the child's mother enter into a marriage or similar relationship after the child is born and the person is listed on the child's birth certificate at such person's request.

It must be kept in mind that these presumptions are simply that: presumptions. The person against whom a presumption applies may be able to present additional evidence and/or testimony establishing that there is, in fact, no parent-child relationship that ought to be recognized. However, this is a burden the person against whom a presumption applies must bear: if he or she chooses not to present any evidence rebutting the presumption, or if the evidence that the person offers is not sufficiently compelling, then the court may elect to find that the individual is the legal parent of the child (with all the legal implications that such a determination entails).

Contact an Illinois Family Lawyer for Assistance with Paternity Issues

Whether you are seeking to establish paternity or disprove a paternity presumption, the dedicated Crystal Lake family law attorneys of Botto Gilbert Lancaster, PC can assist you in achieving your goal. Our attorneys remain up-to-date on the latest developments in family law, ensuring that you receive accurate and helpful advice and representation. Contacting Botto Gilbert Lancaster as soon as possible is essential to helping you achieve a favorable outcome. Call our firm today, or contact us through our website, and let us assist you in establishing or proving the nonexistence of a parent-child relationship.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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