Paternity Rights in DuPage County

 Posted on October 11, 2022 in Paternity

Paternity questions are not unprecedented in today's society. The famous pop culture catchphrase "You are the father" from The Maury Povich Show demonstrates the prevalence of paternity matters today. Establishing paternity is a legitimate issue involving unwed parents' rights and, most significantly, children's rights. If paternity is not determined, the biological father has no rights to parental responsibilities, including parenting time. Additionally, the child could be susceptible to adoption without the birth father's knowledge. Failure to verify paternity can also hinder the mother's right to shared parental responsibilities and child support. A family law attorney who understands the complexities of paternity law can help explain and advocate for parental rights.

Paternity Tests Essentials

Non-invasive and nearly 100 percent accurate, a DNA paternity test entails a swab of the interior of one’s cheek. Results can often be verified within three business days. There are three avenues through which families can determine paternity.

• A Voluntary Acknowledgement of Paternity (VAP) is a form signed by both parents, which the Department of Healthcare and Family Services witnesses and files.

• The Department of Healthcare and Family Services Child Support Services has the authority to issue an Administrative Paternity Order.

• A judge can mandate an Order of Paternity.

A Voluntary Acknowledgement of Paternity (VAP) can be acquired at the following locations.

• Hospital

• Child support office

• Illinois Department of Healthcare and Family Services website

• Department of Human Services office

• DuPage County Clerks’ office

• Registrar's office

What is the Putative Father Registry?

Before a child is put up for adoption, under Illinois law, a biological father must be notified and give consent. A father who is not married to his child's mother may not even be legally identified as the father. Sometimes the mother or adoptive parents cannot locate the father. The Putative Father Registry is an essential and much-needed program that helps protect the rights of fathers. Although registration is free, the program is statutorily stringent due to time limits. A putative father must register before the child is born or within 30 days of the child's birth. Once registered, the court will notify the biological father if anyone attempts to adopt his child. The biological father can then go to court to stop the adoption.

The Putative Father Registry has five primary functions.

1. Enables presumed fathers to register with the Putative Father Registry

2. Upholds the confidentiality of the father

3. Simplifies the search for punitive fathers

4. Conducts the search for interested parties, including the child’s biological parents, adoption agencies, prospective adoptive parents, and any attorneys involved

5. Conveys paternity results to interested parties

Contact a DuPage County Paternity Attorney

At Pesce Law Group, P.C., a full-service family law firm, we understand the sensitive nature of paternity-related cases. We treat all our clients with dignity, respect, and compassion. Our conscientious attorneys advocate for families and diligently strategize for just solutions. If you presume you are the father and need to establish paternity, or if you are a mother seeking child support, contact a Burr Ridge family law attorney at 630-230-1002 for a free consultation.

Sources:

https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

https://dph.illinois.gov/topics-services/birth-death-other-records/birth-records/paternity.html

https://www.americanbar.org/groups/legal_services/milvets/aba_home_front/information_center/family_law/children/paternity/

https://www.putativefather.org/index.aspx