Geneva, Illinois Paternity Attorneys
Lawyers for Parentage Disputes in Kane County, Illinois
McSwain Rapp Law, LLC knows that many families will never have to deal with the challenges associated with the uncertain parentage of a child. For those who are faced with such uncertainty, the road to a resolution is often long and difficult. Our attorneys provide skilled guidance and trusted representation to both mothers and fathers in proceedings for establishing legal paternity and parentage. We understand what is at stake, and we will do everything we can to help you obtain the best possible outcome for yourself and your child.
Establishing the Parent-Child Relationship in Illinois
Under the Illinois Parentage Act (750 ILCS 46), a person is presumed to be the legal parent of a child if the person was married to the mother of the child when the child was born. This presumption applies regardless of the second parent's gender. When an unmarried woman has a child, however, the situation is a bit more complicated. Additional steps will be required to establish legal parentage. In the state of Illinois, the simplest way to do so is by having both parents complete a Voluntary Acknowledgement of Paternity form soon after the child is born. This form is typically available at the hospital, and it only takes a few minutes to complete.
Unfortunately, not all paternity cases can be resolved so easily. For example, if there are questions about who the child's father is, a Voluntary Acknowledgement of Paternity is not likely to be the best option. Instead, the issue may need to be decided by a court order. In such a case, either the alleged father or the child's mother may initiate the paternity action. Depending on the circumstances, the court has the authority to order genetic testing to establish a biological connection between the child and the alleged father. If the court finds that the man should be recognized as the child's legal father, an order of paternity will be issued.
Trusted Counsel for Fathers in DuPage County
If you are the father of a child with whom you have not established a legal parent-child relationship, you have no rights under Illinois law regarding parental responsibilities (formerly called child custody) or parenting time (formerly called visitation). In fact, you do not even have the standing to ask for such considerations, but McSwain Rapp Law, LLC will work with you to change your current reality. Your child deserves to receive love, support, time, and attention from both parents, no matter what might have happened between you and your former partner. Once we help you establish paternity, we can then assist you in pursuing additional rights so that you can begin to build a strong, healthy relationship with your child.
Batavia Lawyers for Single Mothers
At our firm, we realize that many fathers are not willing to voluntarily take on their responsibilities. If you are struggling to raise your child alone, at the very least, you should be entitled to depend on financial contributions from the father of your son or daughter. As an unmarried parent, however, you will need to establish legal paternity before the court can order the father to pay child support. By establishing paternity, you can also help your child qualify for certain types of benefits through his or her father, as well as inheritance rights.
Handling the Tough Cases
A paternity dispute, like most family law issues, can quickly turn bitter and contentious. The personal and sensitive nature of such cases often causes emotions to run high, which can lead to breakdowns in communication and cooperation. McSwain Rapp Law, LLC is a seasoned litigator who is not afraid to stand up and fight to protect your best interests. Whether you are an unwed mother looking to establish paternity for child support purposes or a father who wishes to play a larger role in your child's life, we can help. With our experience and tenacity, we know how to get results, and we are ready to go to work on your behalf.
Call 630-581-2877 Today
For more information about establishing legal paternity in Illinois, contact our firm. Call 630-581-2877 to schedule a free consultation with a skilled member of our team today. We represent mothers and fathers in Geneva, St. Charles, Batavia, Elgin, Elburn, Wheaton, Naperville, Kendall County, DuPage County, Kane County, and the surrounding areas.