211 W. Chicago Ave., #118 Hinsdale, IL 60521

Cesario & Walker

630-920-8800

Free initial consultation

Paternity Attorney

Recent Blog

  • 3 Tips for Child-Focused Parenting Time

    According to the Illinois Marriage and Dissolution of Marriage Act,....... (more…)

  • How to Establish Paternity in Illinois

    In divorce cases, children are the real victims and unfortunately,....... (more…)

  • Who Can Be a Guardian in Illinois for Minors During a Divorce Case?

    No two divorce cases are equal. While some may result....... (more…)

  • Your Guide to Selling a Home in Illinois

    Selling a home is the biggest financial decision you can....... (more…)

  • Common Questions and Answers about Divorce Laws in Illinois

    Divorce can break a family apart, but sometimes - it....... (more…)

  • What You Need to Know About Asset Division in Illinois

    One of the areas divorcing couples must reach an agreement....... (more…)

  • Seeking a Modification to Child Support Orders

    Providing a child support plan is an important requirement in....... (more…)

  • Using Co-Parenting as Part of Parenting Time

    After a divorce, the custody of a child and subsequent....... (more…)

  • Seeking a Voluntary Acknowledgment of Paternity

    As per the legal stature, Paternity is referred to as....... (more…)

  • Estate Planning as a Form of Insurance

    Real estate planning is something most people don't consider as....... (more…)

  • Differences Between Guardianship and Power of Attorney

    What is Guardianship? Guardianship is a court process that provides....... (more…)

  • All You Need to Know About Tenancy by the Entirety

    What is Tenancy by the Entirety? If you’re married and....... (more…)

  • Understanding Parenting Time under Illinois Family Law

    Divorce proceedings are challenging and unnerving for the entire family........ (more…)

  • Real Estate: Letter of Intent

    In many real estate transactions, a letter of intent may....... (more…)

  • Things to Know When Filing for a Same-Sex Divorce

    In 2015, the Supreme Court of the United States issued....... (more…)

  • 3 Ways a Real Estate Lawyer Can Help You during a Home Sale

    Selling a house is a massive undertaking which involves numerous....... (more…)

  • Unmarried Couple: How to Establish Paternity

    Unmarried parents face a multitude of challenges when they are....... (more…)

  • Asset Division in Illinois

    Divorces can be an emotionally distressing and a difficult period....... (more…)

  • Real Estate Laws Applicable to Guest Vs Tenants

    There are instances when a family member or friend is....... (more…)

  • How to Deal With Debt during Divorce

    Divorce is always difficult, despite being very common, it is....... (more…)

  • Common Myths about Real Estate Law

    Real Estate law is a field which encompasses every legal....... (more…)

  • Can Parenting Time Be Denied?

    Divorce may end the relationship between a husband and a....... (more…)

  • Real Estate Law 101

    Real estate law is a comprehensive field which encompasses a....... (more…)

  • Divorce – How to Make the Best Out of a Bad Situation

    Certainly, divorce is not something you expect to encounter in....... (more…)

  • Stand by Guardianship

    Usually, only a parent of a child has the responsibility....... (more…)

  • 4 Tips to Choose the Best Real Estate Lawyer

    If you or your loved one is looking to purchase....... (more…)

  • How Should I file Taxes if Divorce is not Final?

    Separating from your spouse is not an easy experience. You....... (more…)

  • Getting a Divorce – Learn about How College Expenses are Different from Child Support

    Divorce does not mean that you no longer support your....... (more…)

  • Major Changes Made to Illinois Child Custody Laws in 2016

    Prior to Senate Bill 57, the Illinois Marriage and Dissolution....... (more…)

  • Understanding the Parenting Time Schedule Basics in Illinois

    Many drastic changes have been made to the Illinois Marriage....... (more…)

  • Understanding the 2016 Changes to Illinois Divorce Laws

    In 2015, several amendments to the Illinois Marriage and Dissolution....... (more…)

  • Family Law Blog Coming Soon

    Stay tuned for recent news and articles on the changes....... (more…)

  • Real Estate Law Blog Coming Soon

    Stay tuned for recent news and articles on the changes....... (more…)

How to Establish Paternity in Illinois

In divorce cases, children are the real victims and unfortunately, are often overlooked. By establishing paternity, the mother can ensure the biological father financially provides for them. Also, by establishing paternity, the children get the right to acquire:

  • An inheritance;
  • Veteran benefits;
  • Health and life insurance benefits;
  • Social Security benefits from a deceased or disabled parent.

How to Establish Paternity

If you live in Elgin, Illinois, or anywhere in Illinois, there are a few ways you can establish paternity:

1. With the VAP Form

The Voluntary Acknowledgement of Paternity (VAP) form is usually made at the hospital where the child is born. It requires the signatures of the parents in the presence of a witness who is at least 18. If the father’s name is not added to the form or birth certificate or if only the mother’s name is mentioned, paternity cannot belegally established.

The form can also be signedon hospital premises and mailed to the address mentioned onthe back. Once the form is submitted, it makes its way to Vital Records where the father’s name is added to the child’s birth certificate. This way, the parents not only confirm the father is the biological parent of the child, but they also waive genetic testing.

By signing the VAP, both parents also acknowledgethey are financially responsible for the child and will provide medical support as well. They also acknowledge the form does not give them custody or visitation rights, which is determined by a judge.

2. With an Administrative Paternity Order

Another way to establish paternity is through the Administrative Paternity Order, which only Child Support Services can enter. This is done to ensure the children have enough financial support by their legal and biological parents.

Even unmarried parents can get help from Child Support Services by contacting them if they wish to support their children. Child Support Services can also order parents to undergo genetic testing to determine paternity or any genetic link between them and their children.

3. By Filing a Paternity Action

The mother of the child or any government agency that has custody can file a paternity action against the presumed father to make him provide financial support. The trial is held before a judge who determines whether the alleged father is the biological parent of the child or not. If the court rulesthe father is the biological parent of the child,the father cannot deny paternity in the future and will be legally obliged to provide financial support.

If you are looking for attorneys who are experienced in family law in Hinsdale, Illinois, look no further than Cesario & Walker. Our practice focuses on child support cases as well.We’re proud to say we have managed to settle more than $5 million in personal injury settlements as well. Get in touch with us for a consultation today and get personalized and aggressive legal representation for your case.

click to call