Illinois state law defines paternity as being a legal relationship between a father and their child. After paternity is established, the father can put his name on the child’s birth certificate and will also be granted certain legal rights. 

Whereas paternity is typically straightforward for married couples, unmarried couples can face additional issues that may be more complicated. The husband is generally presumed to be the father when a married couple has a child, but unmarried fathers often need to sign a Voluntary Acknowledgement of Paternity (VAP) or establish paternity through other means. 

Paternity Actions in Cook County 

Common kinds of paternity actions often include establishing paternity by consent of the parents, contested paternity suits, and suits to establish the non-existence of a father-child relationship. 

The best interests of the child is the backbone of not only the family law system but, ethically, society as a whole. Notwithstanding abuse or neglect, parents generally have certain rights, including the right to parenting time.  However, the situation becomes much more complicated when paternity of a child is unknown. The complexities and nuances of sensitive issues like paternity can be painful, humiliating, and frustrating to both the mother and the father, and most especially, the child.  A  family law attorney can advocate for parentage rights.

Establishing Paternity

Three ways in which paternity is established include the following:

• A Voluntary Acknowledgement of Paternity (VAP) form must be signed by both parents and filed and witnessed by the Department of Healthcare and Family Services.

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 Paternity is classified as the legal relationship between a father and his child. When a child is born to parents who are not married, steps can be taken to establish paternity. Depending on the unique circumstances of your situation, establishing paternity may present many unforeseen challenges. If you find yourself in a paternity-related dispute, it is important to discuss your case with a skilled family law attorney. How to Establish Paternity

One of the most common ways to establish paternity is to sign and complete a Voluntary Acknowledge of Paternity (VAP) at the hospital after the child is born. If the father of the child is not present or is undetermined at that time, there are three ways to establish paternity at a later date:

• Both parents may complete, sign, and submit a witnessed VAP with the Department of Healthcare and Family Services at any time

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