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.