Establishing Paternity: Understanding the Methods and Importance
What is Paternity?
“Paternity” refers to the legal relationship between a father and his child. This relationship is crucial for various legal, social, and emotional reasons. In family law, the determination of paternity is essential for a father to begin a case for parenting time or allocation of decision-making responsibilities. Paternity will also need to be established before the other parent commences similar proceedings, or proceedings for financial support (i.e. child support and contribution to child expenses). It is important to know whether paternity has already been established as it will dictate which initial pleading you file with the court.
Why is Establishing Paternity Important?
Establishing paternity is vital for several reasons. There are impacts on both the child and each parent from establishing paternity. For the child, this could include financial security through child support, access to social security benefits, contribution to college expenses, or eligibility for inheritance. When applicable, it can provide a child access to veteran’s benefits, health and life insurance benefits, and the opportunity to obtain medical information that may be critical for the child’s health.
For the father, it is imperative in providing legal rights to the father to have parenting time with the child, promoting co-parenting and involvement in the child’s life by way of orders regarding decision making.
For the other biological parent, it additionally opens the door to requesting relief through the court. Financial support can be required if paternity is established. For example, once paternity is established, the other parent can request child support, both prospectively and retroactively, contribution to child expenses, including extracurricular activities, medical expenses, school expenses, and other considerable expenses that a minor child may have. This parent could additionally request a set parenting time schedule be put in place and the allocation of parental responsibilities.
While establishing paternity is generally beneficial, both parents need to recognize that they will be taking on more responsibility over the minor child as a result. The father will have more court ordered obligations to contribute to the minor child’s financial situation and the other parent will have to accept that the father may take on a more active role in the minor child’s life, if not already. The parties will further be expected to coparent with one another to effectuate court orders in the best interests of the minor child.
If a child's parents are not married or in a civil union at the time of the child's birth, the father is not automatically recognized as the child's legal father. This is the case even if the parents live together and plan to marry
How is Paternity Established?
There are multiple ways to establish paternity dependent on the circumstances:
Presumed Paternity through Marriage:
If the mother is married or in a civil union with the father, he is legally presumed to be the father, provided both parties agree. This presumption simplifies the process of establishing paternity. In cases where the mother is married or in a civil union at the time of the child's birth, or within 300 days before the child is born, the person she is married to is legally presumed to be the father.
Voluntary Acknowledgement of Paternity (VAP):
This is the most straightforward method for establishing paternity for unmarried parents. At the hospital where the child is born, parents can complete and sign a VAP, which is then filed with the Department of Healthcare and Family Services (DHFS). If not completed at the hospital, parents can fill out the VAP later, ensuring it is witnessed by another adult and filed with HFS. The VAP can be completed at any time before the child turns 20 years old. The execution of a VAP is an accepted method of establishing paternity in family law and is included in 750 ILCS 46/302. However, if there is any doubt about the child's biological father, parents are advised to pursue genetic testing before signing the VAP.
Illinois statute, 750 ILCS 46/307, delineates how to reverse a VAP. The DHFS 3416E form, "Rescission of Illinois Voluntary Acknowledgment of Paternity or Denial of Parentage," nullifies the legal relationship between the father and child established by a previously signed VAP. If you signed a VAP form and want to revoke it, you must sign a Rescission of Voluntary Acknowledgment of Paternity form, have it witnessed, and send it to the DHFS. The DHFS must receive the form within 60 days of the date the VAP was received.
Administrative Paternity Order:
The Department of Child Services (DCFS) can issue an Administrative Paternity Order, usually when a mother seeks child support, as outlined in 750 ILCS 46/405. This service is provided free of charge. Sometimes this process may include ordering genetic testing if necessary to confirm paternity. The expenses incurred for genetic testing are usually paid by the party requesting the testing.
Judicial Order of Paternity:
When there is a dispute or uncertainty about paternity, and when paternity has not already been established through a method mentioned above, a case can be brought before the court by way of a pleading to establish parentage, as specified in 750 ILCS 46/Article 6. Either parent can file a pleading with the court to establish parentage. Occasionally, the parents will agree to paternity and the court can enter an order which established paternity as a result of the agreement. In the event that the parties do not agree the court may order genetic testing to determine paternity. Genetic testing would resolve any dispute as to paternity. Once paternity is established, the court will outline parental responsibilities, parenting time, and child support obligations based upon what pleadings have been filed at that time.
Establishing paternity ensures that a child has the financial, emotional, and legal support they need from both parents, fostering a more stable and supportive environment for their growth and development. By accepting parental responsibility, it also helps to clarify the roles and obligations of each parent, reducing potential conflicts and misunderstandings. For professional guidance and support in establishing paternity and addressing related matters, contact The Law Office of Erin M. Wilson, LLC for a consultation regarding your divorce or parentage issue.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.