Establishing Paternity with an Unwilling Father in Illinois

 Posted on October 08, 2024 in Paternity

For many families, understanding who a child’s parents are is fairly clear-cut. Married couples are legally considered the biological parents of a child born in wedlock. The same is true for unmarried couples who have a baby together, aside from the fact that the mother is legally and automatically recognized and the father needs to go through a relatively simple process to acknowledge his paternity, and then both their names will appear on the birth certificate. 

It can be more complicated when the biological father is unwilling to recognize his role in the child’s life. There are many financial and emotional reasons why a mother might want to have her child’s father legally recognized as such. If your baby’s father has refused to acknowledge their relationship, an experienced Naperville, IL family law attorney can help you navigate the process of proving paternity.

Establishing Paternity with a Willing Father

When an unwed father has no objection to having his relationship with a child legally established, and when the mother agrees, the two can fill out a Voluntary Acknowledgement of Paternity (VAP). As indicated in the name of this document, this needs to be something the parents do voluntarily. 

If either parent disagrees, paternity needs to be established another way. Parents have the option of completing the form in the hospital right when the baby is born, in which case both their names can appear on the child’s birth certificate. If they do it later, the birth certificate can be reissued with the father’s name when the VAP is processed.

Establishing Paternity with an Unwilling Father

When the father does not want to acknowledge his relationship with the child, a VAP is no longer an option. Instead, if the mother wants him to be legally recognized, she needs to pursue this through the courts, taking the following steps:

• Petition the court to issue a ruling on the child’s parentage. The mother will need to complete the petition, submit it to the court, and serve a copy to the alleged father.

• The court will schedule a date for the hearing.

• If the father appears and contests paternity, the judge can require him to take a DNA test. If the results prove the mother’s claims, the judge can declare his paternity.

• If the father decides not to appear in court, the judge might declare his paternity by default.

How Can Paternity Benefit the Father?

Unwilling fathers might be surprised to learn that there are several ways having their paternity legally established could benefit them. Many are discouraged because of the potential need to pay child support. However, paternity also gives a father legal rights to custody and visitation, the possibility of a relationship with the child, and the ability to influence her upbringing. 

There are also potential medical advantages to knowing who a child’s biological father is. For example, if either the child or the father needs a donation of a specific type of blood or even a kidney, they could be each other’s best match. It also means that they can be listed as each other’s next of kin for inheritance, social security benefits, and health insurance coverage. 

Schedule a Free Consultation with a Naperville, IL Paternity Lawyer

Having a baby on your own can be stressful and overwhelming. A compassionate Naperville, IL family law attorney can help you navigate the process of getting the father’s paternity established. At Pesce Law Group, P.C., we have years of experience representing children so their best interests are served. Call us at 630-352-2240 to schedule a free consultation and see how we can assist you.