DuPage County Paternity Lawyers

Attorneys Advocating for Fathers Rights in Lisle and Chicago, IL

Parentage can be quite the complicated issue today. Aside from more traditional parentage issues, children can have two legal parents of the same sex from near the time they are born. Further, a woman who gives birth to a child may not be the child's biological mother due to advances in surrogacy technology. What has always been true - and still is - is that every child has two biological parents. It takes a biological father and a biological mother to create a child. Another issue that may arise in parentage is that while it is usually very clear who a child's biological mother is, identifying a child's biological father can be harder. If you suspect that a child is yours, but you are not listed on the birth certificate or married to the mother, you may need to take action to establish yourself as the child's legal father.

SpyratosDavis LLC can guide you through every step of the legal process for establishing paternity. You will likely have several options on how to proceed with this type of family law case. Our attorneys will carefully go over your case and discuss all of your options with you. We will work to develop the right legal strategy for you while keeping you informed throughout the process. Wherever possible, we will try to resolve paternity cases without litigation and court orders. However, when this is not possible, we will fight for you and your presumed child in court.

Strategies for Establishing Paternity

There are a few ways to go about establishing yourself as your child's legal father. Which path would probably be best for you depends on a few things, such as whether the biological mother is agreeable to having you declared the father or other parent. If you and the mother are on good terms or if she has an interest in having her child's legal parent identified, the process is likely to be fairly simple.

If the mother agrees that you are the other legal parent and is willing to make it official, establishing paternity is as simple as signing a document in almost all cases. There is a legal form called a Voluntary Acknowledgement of Paternity. If you and the mother both sign the form, you can be listed on your child's birth certificate.

If the mother resists having you declared a parent, your case might be a little more difficult. You will likely have to go to court to prove that you are the other parent. It is important to be represented by an attorney if you must involve the courts.

When your lawyer files a petition to adjudicate parentage, the biological mother will receive a summons to attend a paternity hearing. At the hearing, a few things can happen. If the mother does not show up, you will probably be declared the other parent by default. If the mother arrives and admits that you are the other parent, the judge can immediately name you a legal parent. If the mother arrives and denies that you are the other parent, in most cases the court will order a DNA paternity test, or in the case of a same sex couple, the Court will require a hearing to determine parental relationship.

The mother must cooperate with a court-ordered DNA test. If the test shows that you are the child's father, the court will establish your paternity. The only reason a person might lose a paternity case is if the DNA test comes back and shows that they are not the child's father.

Once paternity has been established, we can start helping you work towards gaining parenting time and other parental rights.

Paternity for Mothers

Mothers may also begin a paternity case, and it is quite common for them to do so. Only after the identity of a child's father has been established can a mother pursue the child support her child is likely entitled to. When a mother initiates a paternity case, the father can be summoned to court where he may admit or deny paternity. If he denies being the father, the court can order a DNA test and base its ruling on the results.

Contact a Cook County, IL Paternity Lawyer

SpyratosDavis LLC is committed to helping people legally establish themselves or their child's father as parents to their children. Our strategic Chicago paternity attorneys will work carefully to make sure your case goes smoothly. Contact us at 630-810-8881 to arrange your initial confidential consultation.