In a bygone era, most households included only a married mother and father – who had never been married to anyone else – and their pure biological children. That notion of a family has evolved over time, and in 2014 the Census Bureau reported for the first time that most children live in “Illinois Parentage Act (IPA) that all children should have ongoing and active contact with both parents, unless such contact is clearly not in their best interests. Both children and family court judges prize stability and consistency above almost everything else, and a paternity action provides a semblance of normalcy in busy lives.
Procedure
In most cases, individuals who are married within 300 days of conception are presumed to be a child’s parents. Under the IPA, paternity can be established by agreement, administrative process, or judicial order.
- VAP: Paternity is established if both parents sign a Voluntary Acknowledgment of Paternity. In signing a VAP, the father waives his right to genetic testing and it is difficult, though not impossible, to challenge paternity later. A VAP does not establish visitation or support obligations, but it does streamline the judicial or administrative process.
- Administrative Order: Child Support Services has the authority to enter a child support order based on a paternity application from the mother; in most cases, CSS refers the alleged father to DNA testing in contested matters. Typically, CSS orders only establish child support obligations and say nothing about custody or visitation.
- Judicial Order: Court cases are the only way to set up both support and visitation provisions, so these are the preferred vehicles in these matters. Judges nearly always order genetic testing, and other courts have consistently ruled that non-invasive saliva swabs are both essentially 100% accurate and do not violate civil rights. Either parent, a state agency, or a child over 18 can bring a paternity action.
If the court or administrative body orders DNA testing, the parties usually divide the cost proportionally between themselves.
Partner with Experienced Attorneys
Never-married mothers and fathers have options when it comes to visitation and support. For a confidential consultation with an
©2024 Glasgow & Olsson | Powered and Managed by Marlin Marketing