As a father, you love your child unconditionally, but sometimes divorce can compromise your fatherly rights. Or, if you were never married to the mother, she could make it difficult for you to see or have a relationship with your child. In either situation, you must take action to ensure you are a part of the child’s life. For questions about asserting your rights as your child’s father, speak to one of our fathers’ rights lawyers in Chicago at Gordon & Perlut, LLC.
What Is Paternity?
Under the law, paternity is the legal relationship between a father and child. If you are married to the child’s mother, your name will be on the child’s birth certificate as the father. If you are not married to the mother, you may need the help of a fathers’ rights attorney to assert your paternal rights. You and the child have rights under the law that are asserted when proper legal documents show paternity.
After you prove paternity, the child has more personal and financial security because it has been proven you are the father. Also, the child will be eligible for life and health insurance, as well as possible Social Security benefits. Furthermore, the child will also be able to inherit assets from you.
How Paternity Is Proven In Illinois
You are not required to prove paternity if you are married to the mother when the child is born; it is assumed that you are the father. But if you are not married to the mother, there are steps to take to prove paternity.
If you and the mother get along, you can sign a Voluntary Acknowledgement of Paternity (VAP) document. This document is for unmarried mothers and fathers who want to prove their child’s parentage. It is required that the form is completed, signed, and filed with the Department of Healthcare and Family Services. If you get along, you and the mother can take care of the VAP.
If you do not have an amicable relationship with the mother or are unsure if you are the child’s father, you may need to take additional legal steps. You can get a DNA paternity test, which only requires a swab of the child’s, father’s, and mother’s inside of the cheek to prove paternity.
If you and the mother get along, the DNA test can be done yourselves. But if you are not getting along, your fathers’ rights attorney could be a critical part of the process. A court order may be needed to prove that you are the child’s father. Only then will you fully assert your rights as the father.
Father’s Rights Trends In Illinois
Illinois has made significant advancements in ensuring that fathers are granted equal rights in family law cases, although several challenges persist. Recent developments illuminate trends in legal protections, custody arrangements, and advocacy efforts focused on affirming and securing the active roles of fathers in their children’s lives.
Equal Parental Rights for Fathers
Under Illinois law, both parents—regardless of gender—are recognized as having equal rights and responsibilities concerning the upbringing of their children. This legal framework ensures that fathers are positioned on equal footing with mothers when it comes to obtaining custody or parenting time. The state’s family courts operate under the guiding principle of the “best interests of the child,” which underscores the importance of both parental figures in a child’s life, thereby allowing fathers to effectively advocate for their parenting rights.
Establishing Paternity for Unmarried Fathers
For unmarried fathers, establishing legal paternity is essential for securing parental rights and responsibilities. Various avenues exist for this process:
Signing a Voluntary Acknowledgment of Paternity (VAP) – This form can be signed at the hospital when a child is born or later, and it legally recognizes the father’s parental rights.
Obtaining a Court-Ordered DNA Test – If paternity is in dispute, the court may order a DNA test to confirm biological parentage.
Filing a Paternity Petition in Family Court – This legal action allows the father to seek recognition as the child’s legal parent through judicial proceedings. Failure to establish legal paternity can severely limit a father’s ability to claim custody or visitation rights, making this a crucial step for unmarried fathers.
Shifts in Custody and Parenting Time
In recent years, Illinois courts have shown a growing preference for joint parenting arrangements, which promote the involvement of both parents in a child’s life. While mothers have traditionally been awarded primary custody, there is now a notable increase in cases where fathers successfully obtain equal parenting time. To secure this arrangement, fathers must demonstrate a consistent involvement in their children’s lives and provide a stable environment. This shift reflects a broader cultural recognition of the importance of a father’s role in child development.
Overcoming Gender Bias in Family Courts
Despite the legal reforms aimed at promoting equality, fathers may still face implicit biases in family court proceedings, particularly in custody disputes involving young children. These biases can manifest in assumptions about parental caregiving roles and may influence judicial decision-making. Advocacy groups and legal professionals are actively working to highlight these biases and promote gender-neutral approaches in custody hearings. Their efforts aim to ensure that all parents, regardless of gender, receive equitable treatment in legal matters concerning their children.
Child Support and Financial Responsibilities
Illinois employs an income-shares model to determine child support obligations, which takes into account the earnings of both parents. This system seeks to ensure that child support arrangements reflect the actual financial needs of the child while promoting fairness in the distribution of financial responsibilities. Fathers who take on the role of primary caregivers may be entitled to receive child support from the other parent, reinforcing a shift toward equitable financial arrangements in divorce settlements.
This approach recognizes the importance of both parents contributing to their child’s upbringing, regardless of custody arrangements. In summary, while Illinois has made commendable progress in ensuring equal rights for fathers in family law, ongoing efforts are necessary to address remaining challenges and biases, ensuring that all parents can play an active role in their children’s lives.
Speak To Our Fathers’ Rights Lawyers In Chicago Today
If you are not married to your child’s mother, you could have difficulty asserting your fatherly rights, such as visitation and making major decisions affecting the child’s life. You should contact our fathers’ rights lawyer in Chicago at Gordon & Perlut, LLC in this situation. Our attorneys can provide detailed legal advice about what you need to do to assert your rights as your child’s father. For more information, contact our Chicago fathers’ rights attorneys today at (312) 360-0250.
