Paternity Lawyers in Elgin, Rolling Meadows, and Arlington Heights
A legal paternity action is the only way to begin the transition from biological father to everyday dad. Only a legal father has financial responsibilities towards his children, and only a legal father can petition for custody or demand visitation rights. As significant as these legal and financial benefits may be, they pale in comparison with the emotional benefits that the child receives in such an arrangement.
At Glasgow & Olsson, we believe that you are entitled to our best effort, and our best attitude, every time we work on your case. It is our philosophy that a successful relationship between attorney and client is built one day at a time, and we work hard to help ensure that the results we obtain exceed your expectations.
Paternity in Illinois can be established by one of three methods:
- Presumption: If the mother is married, her husband is presumed to be her child's legal father, even if the couple is separated at the time or the marriage was invalid. If the woman's husband is not the father, he must sign a Voluntary Denial of Paternity and the biological father must sign a Voluntary Acknowledgement of Paternity. If the mother marries after giving birth, her new husband is presumed to be the father if he furnishes consent for his name to be on the child's birth certificate.
- Consent: If the mother is unmarried, the biological father may sign a Voluntary Acknowledgement of Paternity at the hospital so long as both parents agree. This procedure creates a limited legal paternity; the man is obliged to pay child support but receives no legal benefits in terms of visitation or access. Moreover, the father waives his rights to a hearing and an attorney.
- Judicial Determination: Only a judge has the power to create both financial and legal bonds between a father and a child, and either parent may file this action. Typically, the father either agrees to the proceedings or submits to a non-invasive DNA test that is practically 100 percent accurate.
Once the acknowledgment or denial of paternity is signed, it is very difficult, though not impossible, to rescind.
Putative Father Registry
The Putative Father Registry is unique to Illinois, and it allows a possible father to be notified if the mother intends to place the child for adoption. A father can register with the state up to 30 days after the child is born; such enrollment has no effect on a legal paternity action.
A paternity action may be the only way to establish your legal and financial rights in a family law situation. For your consultation with the experienced attorneys at Glasgow & Olsson, contact us today at 847-577-8700.