How Can I Prove a Man is My Child’s Father? | IL

 Posted on September 30, 2024 in Family Law

When married couples have a baby, the husband and wife are automatically considered the father and mother, with all the parental rights and obligations that brings. However, when a couple is not married when a baby is born, it is less clear-cut. The woman giving birth is automatically considered the mother, but officially recognizing a father requires various steps.

What you need to do, exactly, will depend on your circumstances and whether the man you believe is your child’s father is willing to cooperate. If your baby’s father refuses to acknowledge paternity, speak with a qualified Arlington Heights, IL family law attorney about how to prove it.

Establishing Paternity in Illinois

When both unmarried parents acknowledge their parental relationships, they can fill out a form called a Voluntary Acknowledgement of Paternity (VAP). Sometimes it takes time for the parents to get this done and they can submit it at any time, but if they fill it out in the hospital when the baby is born, the father’s name can be included alongside the mother’s on the birth certificate. This is a fairly simple process, with one major condition: it needs to be voluntary. If either parent does not want the father to be recognized as such, they cannot be forced to sign it against their will.

When a father refuses to sign a VAP, the mother can pursue the case through the courts. She needs to file a petition for a ruling on parentage and serve the father with a copy of it, and then the court will set a hearing date.

If the father appears and contests his paternity, the judge will likely order a DNA test to get to the bottom of it. Depending on the results of a DNA test, the judge will either reject the mother’s claim or issue an order declaring the father’s paternity. If the alleged father does not appear, the judge might issue a default order declaring his paternity. 

Once the court declares a man the father, he can be subject to various legal obligations, including child support. Additionally, the child can have access to personal information like medical and genetic records that can be relevant for the child, and be eligible for various benefits such as veterans’ benefits, life insurance benefits, and more.

Contact an Arlington Heights, Illinois Paternity Lawyer

If your child’s father is refusing to acknowledge this relationship, contact an experienced Arlington Heights, IL family law attorney who can help you navigate the process of proving paternity. At A. Traub & Associates, we are dedicated to helping families resolve matters and move forward. Call us at 847-749-4182 to schedule a private consultation.