Paternity may be determined by genetic (DNA) testing. If the testing results in a probability of paternity of 97% or higher, Illinois law presumes you are the child’s father.
Paternity will be presumed, without DNA testing, if you were married to the child’s mother or signed a sworn statement acknowledging that you are the dad (voluntary acknowledgment of paternity).
If paternity is not presumed or has not been determined, the mother, the putative (assumed or probable) father, or a county department of Social Services may file a Petition to Determine Paternity in Court. Once the Petition has been filed, any of the parties to the case may obtain a court order directing paternity testing.
Paternity may also be determined in the context of a parental responsibility or custody proceeding in the Domestic Relations (DR) division of the County Court.
Birth Costs and Child Support
Once it is established that you are the child’s father, child support will be determined and ordered paid by the Court. For information on how the amount of support is calculated, visit the Child Support link on this site. Under Illinois law, child support may be ordered retroactive (back dated) to the date the child was born.
Parenting Time and Decision Making
The assumed (putative) father does not have a right of access or the right to parent the child until there exists a legal presumption of paternity or a court has entered an order declaring paternity. Once there has been a legal determination of paternity, then the father has an enforceable, Constitutional, right to raise his child along with and a duty to care for and support that child. Click here to learn about parenting time and decision making (visitation and custody).
Additional law offices in Deer Park, Illinois
and West Loop (downtown) Chicago.
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