Wheaton Paternity Attorneys

Paternity Lawyers Establishing Parentage in DuPage County

Establishing paternity for a child born out of wedlock can be a challenging process. Often, these cases involve intense emotions, and they can have significant financial ramifications. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we represent both mothers and fathers in parentage actions. Our attorneys understand paternity and parentage cases from both sides, and we offer clients effective and compassionate representation to serve their needs and the best interests of their children.

Assisting Clients With Parentage-Related Matters

Under Illinois law, a presumption of parentage exists when a mother is married at the time she gives birth. That is, the mother's spouse will be considered to be the legal parent of her child. Paternity will also be presumed if a couple got divorced or their marriage ended through other means within 300 days before a child was born. Otherwise, paternity will not be presumed, and even if both parents are in agreement about the identity of the child's father, he will not be considered the child's legal parent. To ensure that a legal relationship between a father and child will exist, it will be necessary to establish paternity.

The first step in most paternity cases is verifying that an alleged father is a child's biological parent. This can be done either through DNA testing or through the voluntary acknowledgment of both parents. Most of the time, the easiest way to establish paternity is to fill out a Voluntary Acknowledgement of Paternity form. This can be done at any time after a child is born. However, if either parent contests paternity, additional steps may need to be taken to establish that a father and child have a biological relationship.

In cases of contested paternity, a court order may be necessary to compel DNA testing. A mother, father, or other interested parties may file a petition to establish paternity in court, and a judge may order the parents to undergo genetic testing. If these tests show that the alleged father is the child's biological father, an order of paternity will be issued.

Once paternity or parentage is positively established, additional legal matters must be settled. These include many of the same issues spouses have to determine when getting a divorce. Our family law attorneys assist clients in:

• Establishing child support orders, ensuring that both parents will contribute to the child's day-to-day needs and other expenses
• Establishing child custody rights that allow parents to share parental responsibilities
• Negotiating visitation and parenting time agreements
• Enforcing child support and child custody agreements
• Modifying child support, parenting time, or the allocation of parental responsibilities based on substantial changes that have affected the parents or the child

In addition to ensuring that parents can address legal issues correctly, establishing paternity can provide benefits for the child. A child will have the right to inherit assets from a legal parent, and they will also be able to obtain benefits, including health insurance coverage, Social Security benefits, and veterans' benefits. A legal relationship with a parent will also allow the child to access family medical history when necessary so that they can receive the proper medical treatment.

Contact Our DuPage County Paternity Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we believe an amicable resolution is in the best interest of all parties involved in paternity cases. Negotiating paternity-related matters outside of court is more affordable and less contentious for both parties, and it typically results in a healthier co-parenting relationship. We recognize that in some cases, however, an amicable resolution is not possible. When necessary, our attorneys are prepared to aggressively represent our clients' interests and the interests of their children in court.

If you are involved in a parentage dispute and need experienced and professional representation, contact our family law attorneys at 630-665-7300 to set up a consultation. We represent clients throughout the western suburbs of Chicago, including DuPage and Kendall Counties.