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Posted on in Family Law

How to Contest Paternity of a ChildIllinois law has presumptions of paternity that help men establish their rights as fathers. If a child was conceived or born during a marriage, the husband of the mother is presumed to be the biological father of the child. If the parents are unmarried, the father can sign a voluntary acknowledgment of parentage (VAP) form that will list him as the biological father on the child’s birth certificate. However, these same laws can become an obstacle if a man believes that he is not the biological father of a child and does not want to be responsible for the child.

Paternity and Marriage

Most husbands have no reason to believe that they are not the biological father to their wife’s child unless they used a sperm donor to conceive the child. If you learn that your wife conceived the child through infidelity, you may understandably be upset and wish to have nothing to do with your wife or the child. However, you cannot sever your financial obligation to the child by divorcing your wife and proving that you are not the biological father. You would still be responsible for paying child support until the child becomes an adult. To deny paternity in Illinois, you must:

  • Sign a denial of parentage form
  • Identify the biological father of the child
  • Have the biological father sign a VAP form

Illinois wants a child to have two legal parents to ensure that they are financially supported by more than one parent. If you cannot identify the biological father, you will still be the legal father of the child, even if a DNA test proves that you are not the biological father. If the biological father refuses to sign the VAP form, you will have to challenge your paternity in court if you want to transfer parental obligations to the biological father.

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Posted on in Family Law

paternity in Illinois, Crystal Lake Family Law AttorneysA father has rights and responsibilities to his child, and therefore, establishing paternity can be important when discussing issues of child support and seeking decision making responsibility or parenting time with the child. Paternity of a child can be determined in different ways in Illinois, and can sometimes depend on a man's relationship to the mother at the time of the child's birth.

In today's world, a DNA test can prove whether or not a man is the biological father of a child, and in many situations, this is all that is required to prove paternity. However, legally, a man may be considered a child's father even in the absence of a DNA test if other conditions are met. There are four main ways to establish legal paternity in Illinois:

  • If a man is married to or in a civil union with the mother when a child is born, he is presumed to be the father of the child;

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