How Do I Establish Paternity?

April 28th, 2020 by Tiffany Hughes

If you give birth and you are not married to the father of your child at that time, the father is not considered the “legal father” of your child until paternity is established. It is also common to be unsure of who the biological father of your minor child is. If you think you know who the father is, and would like the father to begin paying child support and be involved in your child’s life, you will first need to file a motion in court for child support, to establish paternity or for the allocation of parental responsibilities (formerly known as custody). If you are unsure which motion would be best to file based on your needs, you should call the Law Office of Tiffany Hughes today to discuss your legal options. In order to proceed on any of these motions, you will first need to establish paternity.

You can establish paternity in three ways:

  • Both parents can complete and sign a Voluntary Acknowledgment of Paternity (VAP);
  • DHFS can enter an administrative order of paternity after genetic testing; or
  • The judge can enter an Order of Paternity in court.

What Is Genetic Testing?

If you have filed for child support, to establish paternity or for the allocation of parental responsibilities in court, you can request for a genetic test to be completed. A genetic test, also known as a deoxyribonucleic acid (DNA) test, compares the DNA of the mother, the minor child, and of the potential father to determine if the potential father is biologically related to your minor child.

What Is a Voluntary Acknowledgment of Paternity?

When your minor child is born, if you and the father are not married, the father will be required to sign a Voluntary Acknowledgment of Paternity (VAP) to be able to place his name on the child’s birth certificate. However, by signing a VAP, the father waives certain rights, including the right to have genetic testing performed to confirm whether or not he is the biological father.

Contact Us Today

If you need help establishing paternity in your case, the attorneys at The Law Office of Tiffany M. Hughes, have dedicated their careers solely to the area of family law and are highly experienced in helping clients through the legal process of establishing paternity. For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you establish paternity in Cook, McHenry, Lake, DuPage, Kane, Will and surrounding counties, contact us to schedule your complementary consultation today at 773-893-0228.

This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C.. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.

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