Geneva, IL Paternity Attorney

Lawyer Helping Clients Establish Legal Parental Rights in Kane County

Children born to unmarried parents may face challenges throughout their lives, not necessarily for lack of love, but simply due to the obstacles to receiving the kind of financial support that is often available in a two-parent household. As a parent who wants to do everything possible to ensure your child's well-being, you should seriously consider establishing legal paternity in order to better meet his or her needs.

At Loire Krajniak Law, LLC, we understand that paternity cases can often be complicated, but successfully establishing legal paternity can provide major benefits for children, mothers, and fathers. With our 10 years of family law experience, we help clients throughout Kane County follow the required procedures to establish paternity no matter how many obstacles stand in their way.

The Benefits of Establishing Paternity in Kane County

The most important beneficiary of establishing legal paternity is the child. Having two legal parents means that the child is entitled to financial support from both of them, which hopefully creates a situation in which he or she will not want for basic needs including food, clothing, shelter, healthcare, and education. A child with a legal father can also inherit from him even without a will, can be covered under his health insurance policy, and can be a beneficiary of his Social Security, life insurance, and veteran's benefits.

An unmarried mother can also benefit from establishing legal paternity. Confirming the identity of the child's father ensures that he is obligated to contribute to child support. In Illinois, child support obligations are calculated based on an equitable share of the two parents' combined income, and this often means that the father will make monthly payments to the mother, making it easier for her to provide for her children.

Unmarried fathers who want to be involved in their children's lives should also seek to establish legal paternity. This is the only way to guarantee that they have parental rights, which makes it possible to petition for parenting time, parental responsibilities, and input on parenting agreements with the child's mother.

The Process of Establishing Paternity in Illinois

In Illinois, fathers who are married to or in a civil union with the mother at the time of the child's birth, or within 300 days leading up to the child's birth, typically need to take no further action to establish legal paternity. However, in most other cases, you must take additional steps to solidify a legal parental relationship. Your options include:

1. Voluntary Acknowledgment of Paternity (VAP): This is the most efficient method for establishing paternity when both parents are in agreement, and simply requires you to complete, sign, and file a form with the county court. You may choose to do this on your own, but an attorney can advise you as to what you are agreeing to and ensure that you file the form correctly.
2. Administrative Paternity Order: If the presumed father is unwilling to acknowledge paternity, the child's mother can work with the Illinois Department of Healthcare and Family Services to obtain an Administrative Paternity Order requiring the man to take a DNA test and attend an interview. This option is especially useful for ensuring the father pays child support.
3. Court Order of Paternity: In this option, either the mother or father may file a petition for legal paternity in court, and the judge will make a decision based on testimony from each parent, DNA test results, and other evidence presented. It is a good idea to hire an experienced attorney for counsel and representation whether you are the parent seeking to establish paternity or the one contesting it. Keep in mind that as a mother, you may be able to petition for paternity in order to receive child support while still restricting the father's parenting time and responsibilities if he poses a risk to the child.

Contact a Kane County Paternity Lawyer

We are happy to represent both mothers and fathers in Illinois paternity cases, while always keeping a focus on the best interests of the child. Contact us today at 630-448-2406 to schedule a free consultation. We serve local clients in Kane County including Yorkville, Sugar Grove, Geneva, Aurora, Bristol, Plano, and the surrounding areas.