Every so often, my firm will get an inquiry that goes a little something like this:
“Hello, I have two children and I need to get child support from the babies’ daddy.
He’s been paying since they were born, but now we want to make it official.”
Before the court can even consider calculating child support, paternity must first be established. But why? Once paternity is established legally, a child gains legal rights and privileges. It is important to establish paternity, even if the child is living with the father so that the father can collect child support from the non-custodial mother.
On the other hand, if the father is the non-custodial parent, even if he initially agrees to support the child, he may later change his mind, become disabled, or die. As a result, it is important to establish paternity to make sure that the child’s rights are clear. Additionally, the child can also develop a relationship with the other parent. It may be important to the health of the child to have knowledge of the other parent’s medical history.
Many parents wish to establish paternity without having to go to court. The child’s father can do this by signing a voluntary acknowledgment of paternity (VAP). A VAP becomes a conclusive presumption of paternity unless a rescission is signed and filed within 60 days. VAP forms are available at the hospital where the child is born, and at all Illinois Healthcare and Family Service regional offices.
If the father denies paternity or isn’t sure, paternity can be determined by administrative or judicial procedures that take into account highly accurate genetic tests conducted on blood or tissue samples of the man, mother, and child. Genetic tests indicate the probability of paternity and can establish a legal presumption of paternity. Each party in a contested paternity case must submit to tests at the request of either party or the child support enforcement agency. Now, if the parties already submitted to testing prior to bringing this matter to court and the test results show a presumption of paternity, the father should sign a VAP to establish paternity legally.
Once paternity is established legally, the child gains legal rights and privileges, such as collecting child support from the non-custodial parent.
If you have any questions about establishing paternity, it is best to speak with an attorney to assess your situation and defend your rights. The above information was extracted from the Illinois Attorney General’s office. You can read more about child support in the state of Illinois here.
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