Paternity Lawyer in DuPage and Cook County, IL

Establishing paternity is a critical step in many family law cases involving children. Whether you are a mother seeking child support or a father fighting for parental rights, the legal determination of paternity can have lasting implications on your relationship with your child and your financial obligations. At Kulerski and Cornelison, we provide experienced legal guidance for clients throughout DuPage and Cook County who are seeking to establish or dispute paternity.

What Is Paternity and Why It Matters

In Illinois, paternity refers to the legal recognition of a man as the father of a child. When a child is born to married parents, the law automatically assumes the husband is the father. However, if the parents are unmarried, paternity must be established either voluntarily or through legal action. Without a paternity order, the father has no legal rights to custody or parenting time and may not be obligated to pay child support.

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    Establishing paternity is vital for both the child and the parents. For the child, it ensures access to financial support, health insurance, inheritance rights, and vital family medical history. For the parents, it creates a legal basis for enforcing or seeking child support, custody, and visitation rights.

    How Paternity Is Established in Illinois

    There are three primary ways to establish paternity in Illinois. The first is by signing a Voluntary Acknowledgment of Paternity (VAP) form, typically done at the hospital after birth. Both parents must agree to sign, and doing so grants the father legal recognition and the rights and responsibilities that come with it.

    If paternity is not voluntarily acknowledged, it can be established through an administrative order from the Illinois Department of Healthcare and Family Services (HFS) or through a court order. In contested cases, either parent may file a paternity petition in family court. The court may order genetic testing if there is a dispute about the child’s biological father. Once paternity is legally established, the court can issue orders concerning child support, parenting time, and parental responsibilities.

    Paternity Disputes and Litigation

    Paternity disputes can be emotionally charged and legally complex. A mother may pursue a paternity action to secure child support, while an alleged father may contest a claim or seek to assert his parental rights. Our attorneys at Kulerski and Cornelison represent both mothers and fathers in these matters, advocating for their rights and ensuring the child’s best interests are prioritized.

    In some cases, a presumed or previously acknowledged father may later challenge paternity based on new information. Illinois law permits rescinding a Voluntary Acknowledgment of Paternity within a limited timeframe or under specific legal circumstances. Whether you are seeking to confirm or deny paternity, having experienced legal counsel is essential to navigating these sensitive issues.

    Parental Rights and Responsibilities After Paternity Is Established

    Once paternity is legally determined, the father has the same rights and responsibilities as if he were married to the mother at the time of birth. This includes the right to seek parenting time (visitation) and a role in decision-making regarding the child’s education, health care, and overall welfare.

    Courts in DuPage and Cook County prioritize the best interests of the child when determining parenting time and decision-making authority. At Kulerski and Cornelison, we help our clients develop parenting plans that reflect their child’s needs and protect their parental rights. Whether through negotiation or litigation, we aim to resolve paternity-related parenting issues in a way that fosters stability and long-term well-being for all parties involved.

    Contact Kulerski and Cornelison

    If you are facing a legal issue involving paternity, it is important to act promptly and consult with an attorney who understands Illinois family law. At Kulerski and Cornelison, we have years of experience helping clients resolve disputes and establish legal relationships that protect their rights and their children’s future. Reach out today to schedule a consultation and discuss your options with Kari L. Cornelison.