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Wheaton paternity lawyersWhen a baby’s parents are married at the time of birth, both are presumed to be biologically related to the child, and each parent automatically reaps the benefits of parentage. Such is not the case when the baby’s parents are unwed at the time of birth. In this situation, the child’s biological tie to the mother is assumed, but their biological tie to the father must be legally established. 

Why go through this extra trouble, especially if you are living together and plan for it to remain that way? What if you are no longer together but have an amicable co-parenting relationship and a standing co-parenting agreement in place? Even in these situations (and others), the legal establishment of paternity is highly recommended. Learn more about the benefits of completing this process, and discover how a seasoned family law attorney can assist you while trying to navigate your way through it. 

How Paternity is Established in Illinois

In the state of Illinois, paternity is legally established in one of three ways: 

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Posted on in Paternity

b2ap3_thumbnail_establish-paternity-DuPage-county.jpgWhen a woman gives birth, she may or may not know who is the father of the child. Even if the mother knows who the father of the child is, the father may dispute this. Further, the law makes assumptions about the paternity of the child in some cases and if this is not correct, then legal action may need to be taken to set the record straight.

No matter what the situation is, it is extremely beneficial to the child to make sure that paternity is established at some point. If you have questions about the paternity process, or need help establishing paternity, you should contact a knowledgeable paternity lawyer to help you with the process.

Benefits of Establishing Paternity

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DuPage County paternity lawyers, how do I establish paternityIn order for a father to retain the legal rights and responsibilities of parenthood, paternity needs to be established. In the absence of an adoption or other extenuating circumstances, if the mother of the child is married to a man at the time that she got pregnant and/or the time that she gives birth to the child, then her husband is the presumptive father. In all other cases, paternity needs to be established.

Alleged Father

When a woman gives birth and she is not married now and was not married when the child was conceived, she will name a person as the “alleged father.” The alleged father is not considered the legal father until other conditions are met. If the alleged father agrees that he is the father and he is around and available, then both parties will complete a Voluntary Acknowledgement of Paternity form. This form needs to be signed by both parties in front of a witness. This is generally the easiest way for paternity to be established, but it requires both parties’ consent.

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DuPage County paternity lawyers, paternity fraudWhen a child is born and the parents are not married, it is important for both parents to establish paternity. By establishing paternity, a child’s biological father is recognized as the legal father, with the rights and responsibility the law provides.

Under Illinois law, there are several ways to establish paternity. Unfortunately, the system may be manipulated to force a man, other than the biological father, to assume responsibility for a child.

How to Establish Paternity

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