Parental rights and questions of paternity can arise during a divorce proceeding, as well as in other family law cases. How can you establish legal paternity? This question is one that frequently comes up in issues surrounding a father’s rights in Illinois.
At OSH Law, we understand how complicated paternity matters can be, and we are dedicated to assisting clients with parentage concerns.
Whether you are attempting to establish paternity as a father to have rights when it comes to child custody and child visitation, or are seeking to establish paternity in order to ensure that your kids have their needs met through child support obligations, we can help. Otto S. Hurtado is a dedicated family lawyer with years of experience in parentage matters.
Under the Illinois Parentage Act of 1984 (750 ILC 45/), Illinois recognizes the right of every child to have “physical, mental, emotional, and monetary support” from his or her parents. The law makes clear that a parent and child relationship is legally established either when a person is the natural parent of a child or the adoptive parent of a child. Once that relationship exists, the parents have specific rights and obligations when it comes to support.
How is paternity established? In general, a man may be considered the legal father of a child if one of the following conditions exists:
Who can petition to establish paternity? Only a small number of people can petition to establish paternity, including:
In general, the law presumes that a father has the right to a parent-child relationship. This legal relationship means that the father will have a right to child visitation even if he is not awarded custody. However, in some circumstances involving domestic violence or other criminal acts, a legal father may be denied custody or visitation. It is important to speak with an experienced family lawyer about your situation. Each case is different, and you should have experienced counsel on your side to advise you of your rights.
At OSH Law, we provide professional and personalized service for each of our clients. Attorney Hurtado works directly with each of his clients, and he dedicates himself to every case. Contact our offices today at 331-248-8190. We serve clients in Geneva, St. Charles, Elburn, Batavia, Aurora, West Chicago, and Elgin.