If you believe you are the biological father of a child and the mother is unwilling to acknowledge Paternity, the only option you have to enforce your rights is to file a Petition to Establish Paternity.  To be successful and to be legally declared as the legal father of a child, you must prove one of the following:

1. He was married to the mother when the child was born and/or conceived; or
2. He was married to the mother after the child was born and gave permission for his name to be on the birth certificate; or
3. The Illinois Department of Public Aid or a court has made an order of paternity; or
4. The mother and father have signed an acknowledgement of parentage form.

I often get calls from fathers who have had the Illinois Department of Public Aid (IDPA) determine they are the father of a child even though no DNA or other paternity test has been performed. Once IDPA establishes paternity there are time limits for contesting the decision. If you fail to do so in a timely basis, you could lose your rights forever. This also applies to fathers who mistakenly acknowledge paternity, sign a birth certificate, or do some other act without knowing the full legal ramifications. While there are some ways around these issues, such as proving fraud, I have seen  instances where a man has shown that they are not the father and was still required to pay child support.

The rules for paternity are also different based on when a child is born:

• For children born before August of 1996, being listed on the birth certificate does not establish paternity nor does admitting the child is yours. Only marriage to the mother, a court or Department of Public Aid order or signing a voluntary acknowledgement form is sufficient to establish paternity; however,
• For children born after August of 1996, being listed on the birth certificate does establish paternity. This is because at that time a law was enacted that said you could only be on the birth certificate if you were married to the mother at the time of birth or conception or have signed a voluntary acknowledgement of parentage.

Establishing paternity is the only way a father can fight for child custody in Illinois courts. There are disagreements over the time limits involved in bringing a paternity challenge in Illinois. If you question whether or not you are the father of a child, I recommend that you file a challenge right away.

Call me to schedule your hassle-free, no pressure consultation and learn more about your rights: @ 630.409.8184

Or e-mail me if you have simply have a question: mmw@divorcelawyerdupage.com

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