Is it Possible to Disprove Paternity in Illinois?

 Posted on October 28, 2020 in Paternity

When a child is born to two people who are married, in a civil union, or who were married or in a civil union within 300 days prior in the state of Illinois, those two people are legally presumed to be that child’s parents, even if that is not necessarily true. A child’s legal parents are required to provide for the child’s well-being, including providing for their financial needs. If the parents ever get divorced, the father has a legal right to decision-making responsibilities and parenting time, as well as an obligation to pay monthly child support. If the father finds out that he is not the father of the child, he can file to disprove the paternity of the child, which may relieve him of his parental responsibilities.

Disproving Paternity While Married

If the father is married when the child is born, the legal relationship is automatically established when the child is born. While this can be a convenience, it also means that the father is forced to take legal action to disprove the paternity of the child if the child is not his or her biological child. Genetic testing is used to determine whether or not a child is biologically related to an alleged father and is typically ordered by the court when a person files to have paternity disproven. Once the father becomes aware of the fact that he is not the child’s biological father, he must take immediate action, or the judge could deny his petition to disprove paternity.

Genetic Testing and Disproving Paternity

One of the major components of a paternity case that aims to disprove the paternity of a child is a DNA test. Genetic testing takes a small portion of DNA from the mother, child, and the alleged father and compares all three samples to determine whether or not the alleged father is indeed the biological father. Genetic testing is simple to administer by swabbing the inside of each person’s cheek and the results are extremely accurate.

Contact a Geneva Paternity Attorney Today

Disproving the paternity of a child can be a long and difficult legal process. If you have questions about paternity, disproving paternity, or possibly receiving relief from parental responsibilities, you should speak with a skilled and compassionate Kendall County paternity lawyer. Let the Law Office of Matthew M. Williams, P.C. be your advocate in court during your paternity trial. To schedule a private consultation, call our office today at 630-409-8184.

Sources:

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

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx