Kane County Parentage Attorneys

Family Lawyers for Paternity Cases in Aurora, Batavia, and Elburn

While not every father will need to establish paternity for his child, there are some cases where steps may be taken to ensure that both of a child's biological parents are recognized as legal parents. Establishing paternity can ensure that a father's parental rights will be protected, and it can benefit the child as well. If a child's parents are unmarried at the time of the child's birth, they may both agree to recognize the child's father as a legal parent, or other steps may be taken to verify the identity of the child's father, establish legal parentage, and address any related family law issues.

Depending on the situation, it can sometimes be difficult to establish paternity for a child born outside of a marriage or a committed relationship. Such situations often involve intensely personal emotions, and they can have serious financial implications. If you are a mother or a father in the midst of a parentage dispute, the experienced attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can provide the representation you need. We understand the sensitive nature of paternity and parentage actions, along with the factors that can affect all of the involved parties. Our goal is to effectively protect our clients' rights while providing for the best interests of their children.

Parentage Matters in Illinois

Illinois law states that parentage is presumed in a number of certain situations. When a child is born during or immediately following the end of a marriage, the mother's spouse is generally presumed to be the child's other parent. This applies to the mother's spouse of any gender, due to recent updates to the law. Most parentage cases are initiated to either challenge the presumption of parentage or because the child was born into a situation in which there was not a presumed second parent.

In such cases, paternity or parentage can be established through voluntary acknowledgment by both the mother and father or through court action. Cases that reach the court often require DNA testing to establish a biological link between the child and the alleged father. Depending on the situation, however, the court has the authority to refuse to order DNA testing if such testing would upset an existing, stable two-parent arrangement for the child. If DNA testing confirms the identity of the child's biological father, a court order will be issued recognizing him as the child's parent and giving him the rights and responsibilities associated with parenthood.

Family Lawyers for Protecting Parental Rights

If parentage or paternity can be legally established, there are likely to be additional considerations that must be resolved. Under the law, a legal parent may be obligated to pay child support, but they will also have standing to file for the allocation of parental responsibilities (formerly known as child custody) and parenting time (also called visitation). When making decisions about how these issues should be resolved, the court will focus on finding solutions that will protect the best interests of the child. The team at Mirabella, Kincaid, Frederick & Mirabella, LLC has the knowledge and skill to represent both mothers and fathers with every aspect of their paternity and parentage-related proceedings.

As with all matters of family law, we believe that paternity and parentage concerns should be resolved amicably whenever possible. A cooperative negotiation can save significant time and money compared to a litigated case, and agreements between parents will promote a healthier future co-parenting relationship. If a negotiated agreement is not possible, we will continue to advocate on our client's behalf in court.

Contact Our St. Charles Paternity Lawyers

For answers to more specific questions regarding parentage and paternity cases in Illinois, contact our office. Call us at 630-665-7300 for a consultation today. Our experienced attorneys are proud to serve clients throughout Kane County.