Chicago, IL Paternity Lawyers

Paternity is the legal relationship between a father and his child. Paternity cases involve children who are born out of wedlock. “Paternity” laws are contained in the Illinois Parentage Act, the Illinois Supreme Court Rules, the Illinois Domestic Violence Act, as well as the Illinois Appellate and Illinois Supreme Court cases interpreting those statutes.

In paternity cases, child support, custody and visitation are the main issues. Many cases are filed because the mother is making a claim for child support, or filed because the father wants to establish his parental rights and seek custody or visitation. Paternity establishment is a prerequisite for obtaining a child support order.

Some of the Illinois Marriage and Dissolution of Marriage Act laws, such as laws related to child support, custody and visitation are incorporated into the Illinois Parentage Act. There have been changes to these laws in the past several years, especially concerning the establishment of paternity, whether by acknowledgement of paternity or DNA. Many clients confuse these issues with whether or not a father is named on the birth certificate.

Questions Fathers Ask

• Am I already legally the father? What if I signed the birth certificate? What if I signed nothing? What if I think I am not the father; how can I get DNA testing? Is it too late to ask for it?
• If I went to court by myself on child support and an order was entered, what rights did I already give up? Can I get any of that changed? May I ask for custody, or joint custody? How do I get my visitation? Can I prevent her from moving to another state?

Questions Mothers Ask

• How do I establish paternity against the father? How can I get child support?
• Does child support include other things? medical insurance? clothing? daycare? food?
• Will he have to pay for my medical expenses from the birth?
• I have concerns with him visiting my child; what are my legal rights? His mother says she wants to take the child from me; what do I do? Can I get a restraining order or order of protection?
• Can you collect child support from his paycheck? He owes me an arrearage for child support and other court-ordered payments; what do I do next?

Please contact the family law attorneys of Motta & Motta to have all of your questions answered or use the form below to request your free case evaluation.