Chicago Paternity Attorney

Chicago Family Law Attorney for Paternity Matters in Cook County

Parents in Illinois have the right to take legal action in an effort to legally establish who the parent of their child is. In some cases, a parent may open a paternity case because they want parenting time and/or parental responsibilities. In other cases, a parent may open a paternity case because it is the first step toward getting child support or because they want their child to have a relationship with the other parent.

CG Law LLC is experienced in helping parents take the right legal steps to establish paternity. Whether want your child's other parent to share in the duty of supporting their child or want to spend time with your child, our dedicated attorneys can help you reach that goal. With or without the other parent's cooperation, we can help you take steps to establish paternity for your child.

Presumption of Paternity for Married Parents

A person who is married to a pregnant parent when they give birth or who was married when the child was conceived is automatically presumed to be the child's parent. A same-sex parent who is married to or in a civil union with a parent who gives birth is also presumed to be the child's legal parent.

Voluntary Acknowledgement of Paternity

The simplest way for unmarried biological parents to establish a child's paternity is to sign a Voluntary Acknowledgment of Paternity (VAP). This document simply states that both parents agree that they are the child's biological parents. In some cases, parents may request a DNA test before signing a VAP. This document can be executed at the hospital or birthing center when the baby is born, or it can be signed at a later date.

Uncontested Paternity Through Court Action

If you cannot get your child's other parent to sign a VAP, the next step is filing a petition to adjudicate paternity. Either parent may initiate a paternity case. When your attorney files this petition on your behalf, the suspected other parent will be issued a summons to appear in court.

If the other parent simply fails to appear in court, the judge will very likely adjudicate paternity by default. This means that if one parent filed, and the other does not appear, paternity will be established by order of court without one parent's participation.

Alternatively, if the other parent does appear and agrees with you about the identity of the child's biological parent, the judge can simply enter a declaration of paternity by agreement.

Contested Paternity in Court

A contested paternity case generally involves the denial by either parent that a person is the child's biological parent. If this happens, the solution is quite simple. The judge will order the child and the putative parent to submit to a DNA test.

If the DNA test shows that the parent in question is the child's biological parent, the court will declare them a legal parent. If there is no DNA match, the court will likely dismiss the case. A new paternity case involving a different person who may be the child's parent can be filed if necessary.

Contact a Chicago Paternity Lawyer

CG Law LLC is experienced in helping families establish a biological parent's legal paternity. Our compassionate Cook and DuPage County, IL paternity attorneys can represent either party in paternity actions. Contact us at 312-884-9012 for a complimentary consultation.