Illinois Paternity Case Package - Establishment of Paternity
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FAQ
Birth certificate. If a birth certificate declares the father and he signs it, this is a legally binding qualification of paternity. DNA test. Court order.
Fathers who were not married when their child was born must legally establish paternity in order to gain access to father's rights.Once paternity is established, a father may pursue child visitation or other custody rights.
Birth certificates are generally not a way to establish parentage. Hospital staff is only supposed to put a person's name on a birth certificate if that person is the legal parent of the child. A person's name should not be put on the birth certificate if they are not a legal parent.
Parentage is the recognition of a parent's legal relationship to a child. When parents are married, parentage is established without legal action in most cases. If parents are not married, parentage establishment requires a court order.Establishing parentage is an important first step in obtaining child support.
After paternity is legally established, barring additional legal action on the part of the father, the mother still retains sole legal and physical custody of a child. A father who wishes to gain child custody must ask the court for an order. Paternity isn't a guarantee that child custody will be granted.
There are three ways to establish paternity: Both parents complete, sign, and have a Voluntary Acknowledgement of Paternity (VAP) form witnessed and filed with the Department of Healthcare and Family Services. An Administrative Paternity Order is established and entered by HFS' Child Support Services; or.
Establishing paternity ensures a father's legal rights and various rights and privileges for their children, such as rights to inheritance, father's medical and life insurance benefits, and Social Security and veterans' benefits, plus access to paternal family health history.
If you would like to formally establish paternity, you should begin by asking the father of your child to voluntarily acknowledge paternity.The birth father can voluntarily acknowledge paternity in two ways: He can be present at the birth of your child and sign a Declaration of Paternity.