A child needs to have their father in their lives for various reasons, and paternity testing is one way to ensure that happens. In addition, paternity testing can benefit the mother, father, and child for many reasons described below. If you have questions, our DuPage County paternity lawyers at Keller Legal Services can advise you on paternity tests and other custody-related legal issues.
A paternity test uses DNA laboratory tests to determine with almost 100% accuracy whether a man is someone else’s biological father. A DNA test usually uses a cheek swab from the potential father and child, which is sent to a lab for testing. At the laboratory, DNA sequencing is performed at the lab to search for genetic matches between the pair. If a match is found, this confirms paternity.
Paternity testing is beneficial for everyone involved in the case. If you need assistance with paternity testing, Keller Legal Services can assist you.
Unfortunately, some biological fathers do not want to be part of their children’s lives. However, fathers in Illinois have a financial obligation to support their children regardless. A DNA paternity test ensures that the child’s biological father provides child support.
Receiving child support is especially critical when the child has only one parent so the child receives enough financial support until they become an adult. Financial difficulties affect the family as well as the child’s life quality.
A father must confirm he is the father if he wants to ensure he has a relationship with his child. This is especially important when the mother does not want the father to be involved in the child’s life. If you are in this situation, Keller Legal Services’ attorneys can help you with child custody or visitation.
Knowing who a child’s father is helps with their health. When the child’s father is confirmed, you have a full record of your child’s health history. This can be helpful during pregnancy or childhood to detect health risks and genetic disorders. Having complete family health records also can provide doctors with the best treatment and test options for the child.
After someone passes away and the estate needs to be settled, paternity testing can determine who the heirs are. DNA testing is often used in an estate dispute with estranged family members. Also, paternity testing can be used to confirm if a child is entitled to other financial benefits, such as life insurance or Social Security.
Research suggests that fathers involved in their children’s lives can enhance their cognitive abilities, including improved performance at school. In addition, when paternity is confirmed, the father is more likely to be involved in the child’s life. Finally, having a father and child relationship can enhance the bond and make the father more accountable and devoted.
If other types of documentation are unavailable, a paternity test can be used to prove a family relationship for immigration purposes. This can be critical if the child is born outside the US to a US citizen and a non-citizen. If the child is shown to be related to the US citizen, they may be considered a citizen, too.
Most fathers want to be part of their children’s lives, so establishing paternity ensures you can be with your child and form a relationship. In addition, establishing paternity is the initial step to solidifying your parental rights.
It is helpful for the mother, father, and child to know who the father is. In addition, the child will understand their biological roots and where they came from.
Below are common questions our law office receives about paternity tests:
A married couple does not need to do anything to prove paternity. If you are married when the child is born, the husband is assumed to be the father. If you are unmarried, the mother and father can sign a Voluntary Acknowledgement of Paternity (VAP) document when the child is born. Otherwise, you may need a Court Order of Paternity to establish who the father is.
The mother still has options if the alleged father does not want to take a genetic test to prove paternity. Fathers in Illinois are required to support their children financially and this obligation cannot be avoided by not taking a DNA test. When voluntary cooperation is impossible, an Illinois paternity lawyer can help you with a paternity action. If it is successful, the Illinois court may mandate a DNA test of the potential father. If the father does not appear in court, a default judgment of paternity may be entered.
If you signed the VAP thinking you are the child’s father and it is not true, you have 60 days to file a Recission of Voluntary Acknowledgement of Paternity. This document must be filed with Healthcare and Family Services (HFS).
Yes, but you may need to prove paternity first to get the court’s official child support order. After you have established paternity, you may petition the court to receive child support, which is calculated based on the net incomes of both parents.
In Illinois, you can file a paternity suit to establish that a father-child relationship exists until the child is 20. Legal actions to declare there is not a parent-child relationship have to be filed within two years of the father obtaining the information that establishes that fact.
Establishing legal paternity can be a significant issue in a dispute over child support and custody. It can be critical for fathers’ rights clients and mothers who need to enforce a father’s child support obligation. If you think a paternity test could benefit you, talk to our DuPage County child custody lawyers at Keller Legal Services at (630) 505-1515.