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Take the right measures to establish paternity

At Lois Kulinsky & Associates, Ltd., we know that your priority is your child’s wellbeing. Identifying a biological father is crucial in devising a plan for child support and custody as it will give both parties legal rights to the father-child relationship. It can also give a family access to important medical information and secure financial and medical benefits for the child.

According to the Illinois General Assembly, there are three ways to establish paternity during a situation such as a child custody dispute, and those are the following:

  • Both parents sign and date a Voluntary Acknowledgement of Paternity form
  • A judge enters an Order of Paternity
  • The Illinois Department of Healthcare and Family Services enters an Administrative Paternity Order

It is important to note that in Illinois, if a mother is married when the child was either conceived or was born, her husband is legally considered to be the father until otherwise proven. In order to dispute that paternity, a test must be taken and the man will have to file a Denial of Paternity form, unless the biological father signs a Voluntary Acknowledgement of Paternity document.

Illinois typically establishes paternity through an interview with the man who is presumed to be the father in an effort to either gain a voluntary acknowledgment or schedule genetic testing. If the man refuses to attend the interview, it is possible for the state to declare him the father.

Once paternity has been ascertained, our team at Lois Kulinsky & Associates, Ltd., can help you put together arrangements for visitation or child custody as well as determine child support. To get more information regarding this topic, please visit our paternity case page.

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  • The Chicago Bar Association
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