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Sycamore, Illinois Parentage Attorneys
Skilled Lawyers Representing Clients in Paternity Cases in Sycamore, Illinois
The status of legal parenthood in Illinois comes with responsibility. Whether you need help establishing parentage over your child or holding your co-parent accountable for his or her duties, a family law attorney can be an invaluable ally to have on your side.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, our team is well-equipped to handle any legal concerns regarding paternity and parentage, with over 100 years of combined experience among all of our lawyers. We provide compassionate representation to residents of Sycamore, working to find amicable solutions when possible, but willing to provide aggressive representation in court if necessary. When you work with us, you can take comfort knowing that your concerns will be heard and addressed by qualified professionals.
Establishing Parentage/Paternity
In the state of Illinois, the spouse of a mother who gives birth is assumed to be the child's legal parent. There is also a presumption of parentage for the mother's current spouse or a former spouse who divorced the mother within 300 days before the child's birth. If neither condition is met, then paternity must be established through other legal means.
With the signed agreement of both parents, a Voluntary Acknowledgment of Paternity can definitively establish parentage. If an alleged parent refuses to establish paternity, a judge can compel the parents to submit to DNA testing. If the results of the test establish a biological parent-child relationship, this will be a reason to put a court order in place establishing legal parentage.
Enforcing Child Support
Taking care of a child as a single parent can be financially draining, and even more so if your fellow co-parent shirks his or her responsibility to pay child support. If you find yourself in this situation, you have legal avenues to ensure that your child's needs are taken care of. An order of child support enforcement can compel a co-parent to pay what he or she owes.
Our family law attorneys can take aggressive measures to hold the delinquent parent accountable, including seeking orders to garnish wages, freeze bank accounts, and uncover hidden assets. If necessary we can file a petition for civil contempt, asking the court to take action to address flagrant violations of a parent's financial responsibilities.
Enforcement may also be necessary in child custody cases where a parent has violated an existing parenting schedule or other terms of a parenting plan. A judge may place restrictions on the other parent's activities or allow for lost parenting time to be made up.
Post-Decree Modifications
Child support exists so that parents can fulfill their obligations to a child's healthy upbringing. However, a judge's decision to award child support cannot always account for changing circumstances. A sudden, unexpected change to your income can leave you in a position where paying child support would prevent you from meeting your own needs. In these cases, you are within your rights to request a modification to an existing child support order.
To successfully make this appeal in court, you must demonstrate that your ability to pay has been affected, like a wave of layoffs at work or a debilitating injury. If the court agrees that your financial situation has undergone a significant and material change, the existing order of child support could be temporarily or permanently reduced.
Meet With a Sycamore, IL Paternity Lawyer
Establishing parentage is incredibly important for securing a child's right to child support from both parents. Paternity can also help protect the parental rights of a person who was not declared a legal father when his child was born. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we know that dealing with legal issues can be expensive and time-consuming, and as such, we will do everything in our power to resolve issues related to parentage outside of court. If a problem with your co-parent cannot be resolved amicably, however, we are prepared to advocate for you in front of a judge. To learn more about how we can help you establish paternity and address other legal issues related to your child, call us at 630-665-7300 or reach out to us online.