Paternity refers to the legal father-child relationship. The gender-neutral term "parentage" is currently used in Illinois law. However, "paternity" is still used informally, and the terms will be used interchangeably throughout this blog. 

Whether you are a mother or father, or soon will be, it is very important that you understand what your rights are responsibilities are regarding paternity.

Do I Need to Take Steps to Establish Paternity?

In Illinois, the paternity of a child is presumed in certain situations, including when the mother of the child is married to the father. If paternity is presumed, the parents can sign the child’s birth certificate and do not need to take any additional steps to verify parentage. However, if the parents are not married, paternity must be established through one of several legal avenues. Paternity can be established through a Voluntary Acknowledgment of Parentage form or an administrative or judicial proceeding.

Paternity is the legal recognition of a father-and-child relationship. In the case of a married couple, paternity is assumed, and no further action is needed to establish paternity. The husband of the child's mother is automatically considered the child's father. 

However, life can be complicated. Sometimes, a situation arises in which an alleged father denies that he is the child's father. If you are involved in a situation like this, it is important to understand your rights.

Paternity May Be Established Through Judicial or Administrative Action 

In Illinois, paternity may be established by a court action or an administrative process initiated either by the mother or the father. 

In any divorce involving children, each parent’s financial support for the child’s needs will be a significant factor in the proceedings. To ensure fairness, Illinois uses the income shares method to determine a parent’s level of child support. It is based on a proportion of the parents’ combined net income. Our attorneys have experience in child support cases and can determine the appropriate levels that you and your spouse should be expected to contribute to your child’s daily and long-term needs.

Factors in Income Shares Method

The basis of the income shares method is the combined net income of both parents. In cases of unemployment or underemployment for one or both spouses, the court can estimate their potential income and use that amount as the basis for the rest of the calculations. To determine the level of basic support that the child or children need, the court will include the costs of food, clothing, education, transportation, medical costs, personal care needs, and other daily expenses. The basic support amount will then be correlated to a monthly cost based on the parent’s net income using a formula developed by the Illinois Department of Healthcare and Family Services. Each parent will contribute to the monthly basic support expenses based on their proportion of the combined net income. The greater a parent’s share of the combined income, the greater level of support a parent is expected to contribute. 

The parent with the majority of the parenting time receives child support payments from the parent with less parenting time. The parent with the majority of parenting time is expected to make his or her share of the financial contributions by caring for the child and meeting the child’s daily needs. 

Establishing paternity creates the legal father-child relationship. Confirming paternity is the first step in ensuring that a child will receive the financial support that they need through child support. It is also the first step in establishing the legal rights and responsibilities of the father. For unmarried couples in Illinois, paternity can be established by signing a Voluntary Acknowledgement of Paternity (VAP) form. However, if this is not possible, paternity may be established through an Administrative Paternity Order or an Order of Paternity through the court system. If you are involved in a paternity case, as either the mother or the father, it is important to work with attorneys who can represent you and your case effectively. 

How a VAP works

A VAP is a legal document that establishes the paternity of the child of unmarried parents. It is available to be filled out at the hospital after a child is born and can be completed at the same time as the birth certificate. If the parents prefer to take the form home to read and then complete it, it must be filled out and signed in the presence of a witness who is at least 18 years old. It can be filed at any time after the child is born. 

Once a man signs the form, he is officially the child’s parent in the eyes of the law. The father may also be subject to a child support order. Both parents are responsible for providing for the child, including medical care and can be liable for child support payments if they later separate. In a case where you are not sure who the biological father is, you should not sign the VAP. Paternity in this case should be determined by genetic testing.

When considering marriage, it is essential to discuss all of the legal aspects of this new chapter in your life with your partner. While many marriages are blissful, there are times when couples decide to separate or divorce. In the case of a separation or divorce, having a prenuptial agreement will help the process move along peacefully, efficiently, and quickly compared to a divorce proceeding without a prenup. If you are preparing for marriage with your partner, begin by speaking with a skilled family attorney who can create a prenuptial agreement that is best for your relationship.

Why Prenuptial Agreements are Useful

Why draft a document in the case of a divorce if you are sure you are marrying your soulmate? Many people avoid prenups for this reason. However, they could wind up regretting it later in life. Couples may decide to divorce for many reasons, not simply because of mistreatment or lack of love. Often, couples will separate or divorce due to relocation, financial incompatibility, or even disagreements in parenting styles. Even if you are sure your future spouse is the one, it may be helpful to dictate how your assets would be divided if your relationship ended. Having a plan may even help reduce any friction that would cause bad blood between you and your partner during a roadblock in your marriage.  

What to Include in My Prenuptial Agreement 

A prenuptial agreement is a legal document that lays out how assets and finances will be divided in the case of a divorce. In your prenup, it is a good idea to include: