How Does Establishing Paternity Help to Secure a Father’s Rights?

 Posted on November 30, 2020 in Paternity

In many cases involving unwed parents, establishing legal paternity is important to ensure that the child has the financial support of both parents, and that the mother can rely on assistance from the father by way of regular child support payments. However, establishing paternity can also be crucial for unmarried fathers who wish to be part of their children’s lives, in that it helps them secure important father’s rights.

Benefits of Establishing Paternity for Unmarried Fathers in Illinois 

If you are an unmarried father, taking the steps to establish legal paternity can ensure that you have parental rights that may come into play in several different legal situations. One such situation is a potential adoption proceeding involving the child. If you have been legally recognized as the child’s father, the adoption of the child by another party will usually require your consent in addition to that of the child’s mother. By withholding your consent, you may be able to prevent an unwanted adoption and ensure that you remain your child’s legal father.

Establishing legal paternity also gives you the opportunity to petition for parenting time and parental responsibilities. When coming to a decision on these issues, the court will aim to reach a resolution in the child’s best interests, which usually means one in which the child is able to have a relationship with both parents. If you can create a parenting agreement in cooperation with the child’s mother, or if you can demonstrate that you are capable of maintaining your child’s best interests, you can likely achieve an outcome in which you are granted at least some portion of parenting time and decision-making responsibility.

Methods of Establishing Paternity

Whether or not the child’s mother has informally acknowledged you as the father, it is important to take the legal steps to establish paternity. You can do so by signing a Voluntary Acknowledgment of Paternity (VAP) as soon as your child is born or at any point after, or by petitioning the court for adjudication of paternity. In the case of the latter option, you will need to prepare for a court hearing, and you will likely need to submit to a genetic test that can provide evidence of your biological relationship to the child.

Contact a DuPage County Paternity Lawyer

At the distinguished law firm of A. Traub & Associates, we provide legal advice and representation to fathers seeking to establish legal paternity and secure their parental rights. Whether your case is relatively straightforward or more complex, we can help you protect your rights as a parent and the best interests of your child. Contact our tenacious Lombard, IL family law attorneys today at 630-426-0196 to arrange a confidential consultation to discuss your case.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx