Category Archives: Paternity

Illinois paternity attorney, Illinois family law attorney,One of the greatest inequities in the ongoing abortion debate is the male partner's right to opt out of parenthood. While a pregnant woman can choose whether she wants to terminate a pregnancy or not, her male partner does not have this option. Naturally, this is upsetting to many men, especially those who have been in situations where they wanted their pregnant partners to abort but instead became fathers against their will. 

So what are your options if you do not want to become a father? You do have the right to relinquish your parental rights to the child. In fact, if you are not married to your partner, you do not have to acknowledge any right to the child in the first place by opting not to sign the birth certificate. If you find yourself in a situation where your partner is pregnant and you do not want to be a father, you need to have a serious discussion with her about your expectations and your plans regarding your role, if any, in the child's life. Although you cannot force a woman to terminate or keep a pregnancy, you can certainly voice your opinions to her about it. You can also work with an Illinois paternity lawyer to determine your rights as an individual who has voluntarily relinquished his parental rights.

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Illinois paternity lawyer, Illinois family law attorneyAmong the amendments to the Illinois Parentage Act that went into effect in January 2016, new guidelines were established to determine whether using DNA testing to determine paternity is in a child's best interest. This is because state lawmakers recognized that being a child's parent involves more than shared DNA, such as an established relationship and a history of supporting the child's personal needs. But this does not eliminate the value that genetic testing can have in cases where a child's parentage is disputed. Much like the set of factors used to determine the right parenting time arrangement for a child after his or her parents divorce, the court relies on the following set of 10 factors to determine whether a DNA test would be beneficial in a given paternity dispute.

Denial of a Motion for a DNA Test

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Illinois paternity lawyer, Illinois family law attorneyIn 2015, new legislation was passed that overhauled Illinois' existing laws about property division in a divorce, grandparents' rights, and the ways we discuss child custody and parentage. These changes were designed to make the law better reflect today's realities for Illinois families: generally, both parents take an active role in raising their child, and not every family is headed by a heterosexual married couple. This final point was considered as the amendments to the Illinois Parentage Act were written.

Today, the language in the Act is gender-neutral, reflecting the fact that many children today grow up with same sex parents. Other amendments were made this this in mind, such as the circumstances under which an individual is assumed to be a child's parent. Consult with an experienced family attorney to determine your legal rights in accordance with these changes.

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Illinois family law attorney, Illinois paternity lawyerIf you are involved in a paternity-related legal case, whether you are a mother who wants to prove her child's paternity or a man who wants to establish legal paternity rights to his child, there are a few key terms to know and understand. Although paternity might seem like a simple concept, it can become complicated from a legal perspective. If you have questions about your legal rights as a mother or a father in Illinois and how you can establish paternity of your child, work with an experienced Illinois paternity attorney.

Who Is a Legal Father?

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When a child is born to a married woman, there is no need for the woman's husband to declare his paternity to legally claim the child as his own. It is automatically assumed that any children born to a married mother are her husband's biological children as well. But this is not always the case. Sometimes, children are conceived during extramarital affairs. This might not be discovered until years after the child's birth, possibly after the parents' divorce and thousands of dollars of child support.

What are your options if you find out your alleged child is not biologically yours? Find out by contacting an experienced divorce attorney to determine your rights and if you can possibly recover the money you spent in child support.

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