Can I Contest the Paternity of a Child in Illinois?

 Posted on November 11, 2020 in Family Law

Over the years, there have been many significant advancements in law and society when it comes to recognizing different family situations. For example, same-sex marriage was not only frowned upon but was illegal in many parts of the country for hundreds of years until a 2015 Supreme Court ruling. Unfortunately, there are also many ways that the laws still reflect traditional family structures. For example, Illinois generally presumes the father of any child born to a married mother to be the mother’s husband, though there are many situations in which this may not actually be the case. If a person wants to contest the paternity of a child, it is possible but it can be difficult, which is why hiring a paternity lawyer is recommended.

How Do I Contest Paternity If I Am Married?

When a child’s mother is married when the child is born or within 300 days before the child was born, the person the mother is or was married to is legally presumed to be the father of the child. Establishing paternity is a crucial step in solidifying a father’s rights to his child, but it also means that a legal father will be held to certain parental responsibilities, like child support, in the event of a divorce. If a man learns or suspects that he is not the biological father of his wife’s child and wishes to contest his paternity, he must take swift legal action, or the judge could choose to deny his petition.

How Can Paternity Be Disproven?

Once the father files the petition to contest paternity, the court will almost certainly order genetic testing to be completed. Genetic testing is an extremely accurate way of being able to tell whether or not a child is biologically related to an adult and usually only requires a simple cheek swab. Once the orders are given for genetic testing to be completed, the presumed father, mother, and child must all give samples so the DNA can be compared. If the results indicate that the man is not the child’s biological father, the legal parent-child relationship may be ruled to be nonexistent.

Our Wheaton, IL Paternity Attorney is Here to Help 

Contesting the paternity of a child is a serious matter, which can be a long and frustrating process without the proper help. At the Goostree Law Group, we understand the complexities that come with paternity cases. Our team of skilled DuPage County paternity lawyers are equipped with the knowledge they need to assist you with any paternity case you may have, whether that be establishing paternity or contesting it. To schedule a free consultation, call our office today at 630-364-4046.

Sources:

https://www.illinois.gov/hfs/SiteCollectionDocuments/hfs1759.pdf

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59