If you share a child with your partner, it is very important to establish paternity in Illinois. This applies to men who have a child born out of wedlock. Under Illinois statute, it is presumed that any child born during a marriage is that of the father. However, when a child is born out of wedlock there is no such presumption, and the father must undertake certain actions to establish his parental rights as the father. By establishing paternity, it ensures that your rights as a father of the child, as well as your child’s rights, are protected. Without it, the financial, medical, and inheritance benefits of your child may be at stake, and your privileges as a parent can be compromised.
In Illinois, there are two methods used to legally establish paternity; Voluntary Acknowledgement of Paternity (“VAP”) and adjudication of paternity by a family law court. VAP is simple and straightforward. It is a legally binding, mutually signed agreement that is used for establishing paternity. Typically, a VAP is done when a child is born at a hospital. However, it can also be completed and signed at a later date. Both the parents must complete and sign a form known as the Voluntary Acknowledgement Paternity Form. This step is generally required to put the name of the father on the child’s birth certificate at the time of birth. Most hospitals in Illinois now offer the forms to unmarried parents and explain how to complete the forms and the importance thereof.
The VAP makes sure that the birth certificate has the correct father’s name and enables the family to have access to essential information. Aside from securing certain benefits for the child, which the child may receive from their father, it also serves as legal proof of a parent-child relationship. This proof comes in handy if the father wants to pursue his parental rights should the couple separate.
With the help of a VAP, certain fathers’ rights can be protected, including the right to:
Paternity is the legal acknowledgment of a man as the father of a child. Establishing paternity is important because it grants the father legal rights and responsibilities, such as custody, visitation, child support, and the right to make decisions about the child’s welfare.
Paternity can be established in several ways:
Establishing paternity provides the child with legal rights to financial support, inheritance, medical benefits, and a sense of identity and connection to their father’s side of the family.
No, establishing paternity does not automatically grant custody or visitation rights. The father must file a petition with the court to seek these rights.
A guardian ad litem is appointed by the court to represent the best interests of the child. They investigate the case and make recommendations to the court regarding custody and visitation.
Yes, paternity can be established at any time after the child’s birth. Both parents can sign a VAP form or seek a court order to establish paternity.
If the mother disagrees, the father can still pursue paternity through the court system. The court may order genetic testing to determine paternity.
Yes, a father can request a modification of custody or visitation orders if there is a significant change in circumstances, such as a change in the child’s needs or the father’s situation.
Fathers can seek assistance from family law attorneys, mediation services, and legal aid organizations to help navigate the legal process and protect their rights.
The court considers factors such as the child’s age, health, emotional ties to each parent, the parents’ ability to provide for the child, and any history of abuse or neglect
If you are seeking the legal services of an experienced family law attorney to fight for your father’s rights and protect your interests, we can help you. Contact Keller Legal Services today at 630-505-1515 for a free initial consultation. Our experienced father’s rights attorneys have more than 25 years of experience in helping fathers with their family law issues. We represent clients in Kane County, Will County, and DuPage County, as well as other areas in Illinois.
(Updated 2/6/2025)
