How Can a Paternity Test Protect a Father’s Rights?

A paternity test may be essential to protect the father’s rights when parents of minor children who are dating and are going through a breakup, or when a person learns he is the father of a child but no longer has a relationship with the child’s mother. In situations where a father’s legal parenthood or parentage is not in question, a paternity test might be superfluous, but there are many scenarios in which the father can protect his rights as a parent by requesting a paternity test.

In short, in any child custody situation in which the father is only the alleged father (as the law defines it) and not the acknowledged or adjudicated father, it is time to speak with a Chicago area child custody attorney about arranging for a paternity test.

Paternity Test Can Show a Father Has Rights to Parental Responsibilities

In many family situations involving minor children, the alleged father may not have proof that he is the biological father of the children. The Illinois Parentage Act defines an alleged father as “a man who alleges himself to be, or is alleged to be, the biological father or a possible biological father of a child, but whose paternity has not been established.” An alleged father is a term that is distinct from a “presumed” or “acknowledged” father, since the latter designations afford a father the ability to seek parental responsibilities according to Illinois law.

If you are only the alleged father of the child, you will not be eligible for child custody. What does this mean in practical terms? Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), parents can share parental responsibilities, which include significant decision-making responsibilities for the child and parenting time.

However, in order for the father to be eligible for parental responsibilities, he will need to be able to show that he has the right to parental responsibilities as one of the parents of the child. When paternity is in question, or when the father is only the alleged father of the child, he will need to prove paternity before he can exercise his rights to have parental responsibilities.

Genetic Testing Can Give a Father the Right to Parental Responsibilities Under Illinois Law

In most situations where an alleged father wants parental rights and wants to have parental responsibilities, he will need to file a petition to establish parentage (or paternity). In order to establish paternity, the court will likely order genetic testing. According to the Illinois Parentage Act, if the genetic testing shows that “there is at least a 99.9 percent probability of paternity,” then the alleged father is presumed to be the father and can ask the court to allocate parental responsibilities to him.

When there is a child custody dispute and the parents cannot reach an agreement about how to allocate parental responsibilities themselves through a parenting plan, the court will allocate parental responsibilities in an allocation judgment, relying on the “best interests of the child” standard. It is Illinois’ public policy that both parents—including the mother and the presumed father—will share parental responsibilities so that the child can have a relationship with both parents unless there is a clear reason to limit parental responsibilities.

Frequently Asked Questions About Father’s Rights Paternity Testing In Illinois

Why Is Establishing Paternity Important?

Establishing paternity is a crucial legal process that acknowledges a father’s relationship with his child. This legal recognition is not just important for the emotional bond between a father and child; it carries significant legal implications as well. When paternity is established, it grants the father essential rights, including the ability to seek custody and visitation. It also gives him decision-making authority concerning the child’s upbringing, education, and healthcare.

On the financial side, establishing paternity ensures that the father has a legal obligation to provide child support, helping to secure the child’s financial well-being. Moreover, the child benefits greatly from this acknowledgment; legal paternity allows access to various benefits such as health insurance coverage through the father’s policy, potential inheritance rights, and eligibility for Social Security benefits in case of the father’s disability or death.

How Can Paternity Be Established in Illinois?

In Illinois, there are three primary ways to establish paternity:

1. Voluntary Acknowledgment of Paternity (VAP) – This is a simple and straightforward method where both parents voluntarily sign and file a legal document, known as the VAP form, which confirms the father’s paternity. This document is typically completed at the hospital after the child’s birth or later at a designated state agency.

2. Administrative Paternity Order – This method is facilitated by the Illinois Department of Healthcare and Family Services (HFS) via its child support services. If there is a dispute regarding paternity, HFS can issue an order that establishes paternity without requiring a court appearance.

3. Court-Ordered Paternity – In situations where paternity is contested or unclear, a father can seek a court’s intervention. A judge will evaluate the circumstances surrounding the case, and if necessary, order DNA testing to confirm biological parentage. This process is often more lengthy and complex but may be essential for securing a legal determination of paternity.

Can a Father Request a Paternity Test?

Absolutely, a father has the right to request a paternity test if there are doubts regarding his biological relationship with the child. If the mother is unwilling to undergo testing voluntarily, he can file a petition with the court requesting a DNA test. The court will review the request and may order the test to establish legal paternity conclusively. This is especially important for fathers who want to secure their rights and responsibilities concerning their children.

What Happens If the Mother Is Married to Someone Else?

In cases where the mother is married at the time of conception or birth, her husband is legally presumed to be the father of the child. This legal presumption can complicate matters for the biological father. To establish paternity with the biological father, the mother and her husband must take specific legal actions. They need to complete a form called the Denial of Paternity, which acknowledges that her husband is not the biological father. Subsequently, the biological father must sign a Voluntary Acknowledgment of Paternity, which requires filing the appropriate documents with the relevant authorities.

Can a Father Gain Custody or Visitation Rights Without Establishing Paternity?

No, a father cannot pursue custody or visitation rights unless he has established legal paternity first. Without this legal recognition, he has no standing in court to request parenting time or make decisions on behalf of the child. Once paternity is legally confirmed, the father may apply to the court for parenting time, which includes visitation rights, and for decision-making responsibilities regarding the child’s welfare, education, and healthcare.

How Much Does a Paternity Test Cost in Illinois?

The cost of a DNA paternity test in Illinois varies, typically ranging from $300 to $500. Prices may depend on the testing facility and the complexity of the test. If a court orders the test, the expenses might be divided between both parents, or the individual requesting the test may cover the costs. It’s advisable for individuals to check with local providers for the most accurate pricing information.

Can Paternity Be Challenged After It Has Been Established?

Yes, established paternity can be challenged in court under specific conditions. Common grounds for challenge include situations involving fraud, where one party misled the other regarding paternity; duress, where one party felt pressured to sign the acknowledgment; or material mistake of fact, such as new evidence emerging that questions the established paternity.

However, it is essential to note that challenges must typically be filed within a designated timeframe, usually within two years of signing a Voluntary Acknowledgment of Paternity, to be considered valid by the court. This time limit serves to ensure stability and predictability for both parents and the child involved.

Contact Our Chicago Fathers’ Rights Lawyer

If you have questions about child custody and paternity, one of our Chicago fathers’ rights lawyers can help. Contact Gordon & Perlut, LLC for assistance. We understand how important your children are to you. That’s why M. Scott Gordon & Associates ensures that the love you have for your children is respected throughout the legal process.