Why Is the Determination of Paternity Important?

 Posted on March 28, 2025 in Paternity

As many as 18.4 million children across the United States live without a biological father, stepfather, or adoptive father present in their homes. In the state of Illinois, about 41 percent of all babies are born to unwed mothers, totaling 54,022 births each year. Approximately 5,379 babies are born to unwed teenage mothers in Illinois.

In most cases, it is in a child’s best interests to have a relationship with both parents. However, there are instances when the mother may claim a child belongs to someone else, or the father refuses to believe a child is his. While paternity brings responsibilities, it must be established for the best interests of the child as well as the legal rights of the father.

Whether you are a mother who wants to establish paternity so child support can be put into place or you are a father who wants a relationship with your child, the sooner paternity is established, the better for all those involved. Whether you are a mother or father who wants to establish paternity, speaking to an experienced Arlington Heights, IL family law attorney is the best step you can take.  

What Are Some of the Primary Reasons Paternity Should Be Established?

Apart from a child being better off when they have relationships with both parents, there are other good reasons for establishing paternity, including:

• The mother has financial assistance from the father to provide for the child.
• Child support can be requested for the child.
• The child is more likely to have health insurance when both parents are in the picture.
• The father can ask for parenting time with the child and take part in the child’s life.
• In the bigger picture, establishing paternity entitles the child to an inheritance from his or her father.
• Establishing paternity puts to rest any questions regarding who the child’s father is.

What Are the Three Ways of Establishing Paternity in Illinois?

In Illinois, there are three primary ways to establish paternity, including:

• Both mother and father sign a Voluntary Acknowledgement of Parentage (VAP) either at the time of the child’s birth or shortly thereafter.
• A family court or DCFS opens a child support case that requires that paternity be established.
• A paternity test is requested by the presumed father, DCFS, or a family court.

When the court or DCFS requests a DNA test, the presumed father must comply. If the mother requests the paternity test of the presumed father on his own, he might or might not comply, which is why the mother usually goes through DCFS or a family court.

What if a Presumed Father Wants to Disprove Paternity?

A father might want to disprove paternity and may do so by petitioning the court to establish the non-existence of a parent-child relationship. If the father signed a VAP when the child was born, he could sign a Rescission of Voluntary Acknowledgement of Paternity within 60 days of when it was signed. If 60 days have passed since the VAP was first signed, the father must prove in court that he was the victim of a mistake of fact, duress, or fraud at the time he signed it.   

The Rights and Responsibilities of Paternity

Financial responsibility comes with the establishment of paternity. Both parents are legally required to support their child until he or she reaches the age of 18 – or 19, in certain cases. Parents are responsible for providing a home, food, clothing, and other essentials, including medical insurance, daycare expenses, and the costs of school and extracurricular activities. The father also has rights concerning the allocation of parental responsibilities and parenting time.  

Contact a Rolling Meadows, IL Paternity Lawyer

If you have questions regarding paternity, the earlier these questions are answered, the better for all those involved. Speaking to a highly skilled Arlington Heights, IL paternity attorney from Law Offices of Donald J. Cosley is the best way to protect your child.  

Attorney Cosley, unlike many other attorneys, personally handles every aspect of his cases. If you call with a question, you will speak to Attorney Cosley rather than being passed off to a staff member. Call 847-253-3100 to schedule your free consultation.