Law Firm of Wendy R Morgan

- Paternity -

The Law Firm of Wendy R. Morgan has competent, experienced attorneys to assist you in determining the legitimacy of parentage claims and in prosecuting and defending the determination of child support, day care, maintenance of medical insurance, uncovered medical expenses, college education, custody, visitation, and other rights of the child and the parent.
            Parentage/paternity cases mainly encompass situations where children are born to couples who are not married when the child is born. In a situation where a child is born out of wedlock, the mother often must sue the putative father to obtain child support and the father often must sue to establish visitation and parenting time with the child through a parentage/paternity case. In these cases, the Court must determine the custody rights of the parents, support for the minor child, a visitation and parenting time schedule, and other needs.
            The procedure by which a parent-child relationship is legally established differs greatly in parentage/paternity cases and dissolution of marriage (divorce) cases. When a child is born to parties during a marriage, the child is presumed to be a child of the marriage. If the husband believes that he may not be the natural father of a child born to the parties during the marriage, he can pursue a DNA test to rebut the presumption of paternity.
            In parentage/paternity cases there is no such presumption that the former sexual partner is the child’s father and the parent-child relationship must be established through a parentage/paternity case and DNA testing or through a voluntarily admission of parentage. In the event the parties are not married at the time the child is born and the father wishes to pursue a father-child relationship with his child and is prevented by the mother, or the mother needs to seek child support because the father is not paying support to the mother for the child, then a paternity/parentage case must be brought by either party.
Since there is no presumption of paternity, a father can challenge a paternity/parentage case by requesting a blood test. A mother can request a blood test as well, both in a Dissolution, Legal separation and Paternity case. Paternity not only affects the father’s rights to see his child, but also effects his obligation to support that child.
DNA tests can determine paternity with almost 99% accuracy. With the advent of DNA paternity testing, a Court can now establish parentage in a relatively quick and easy procedure. The father can either submit to a paternity test, or a Court Order can be obtained to compel the ostensible father to take the test. Today’s DNA test results are very accurate and nearly indisputable proof of parentage under Illinois Paternity Law. Our attorneys understand the importance of the strictest confidentiality for the sake of a client’s privacy.
            Paternity can also be established by signing a Voluntary Acknowledgment of Parentage (V.A.P.) thereby voluntarily admitting parentage. Once this document is signed, the signer has only 60 days to rescind the signature before the document becomes official as a confession of paternity by the father and mother. However, even a Voluntary Acknowledgment of Parentage can be contested and either parent can request a blood test and challenge the issue as to whether the other parent is the actual natural parent of the child. Further, the Voluntary Acknowledgment of Parentage can also be challenged as to whether the signature was voluntary or was a result of fraud, duress, or material mistake of fact.
The Law Firm of Wendy R. Morgan is committed to assisting parents establish the paternity of their children, when the issue parentage is in question. Establishing paternity is critical because it is the basis for the ability to obtain child support, visitation, custody, the establishment of inheritance rights and the like. If paternity is not properly established within the statutory period of time requirement by the Illinois Statutes, it may create a bar to claims for claims for custody and parenting time and may lead to an adoption by the other parent by a step-parent or new spouse.
            The rights of a child in a Paternity case are the same as those rights of a child in Dissolution of Marriage case under the Illinois Marriage and Dissolution of Marriage Act. All issues of custody, removal, and child support are based on the laws of the State of Illinois under the Illinois Marriage and Dissolution of Marriage Act.
            It is critical when pursuing paternity to have the assistance of knowledgeable and aggressive attorneys such as those of The Law Firm of Wendy R. Morgan, who have been assisting parents for over 28 years in this area.

            Whether you are seeking to establish paternity or denying a parentage claim, our attorneys have your best interest at heart and will provide knowledgeable experience and skilled representation.

Call 24/7
Locally - 847-259-5700
or
Toll Free - 1(800) WR MORGAN / 1(800) 976-6742
for more information

- Office Hours 8:30 am to 5:30 pm CST -

- Evening Appointments Available -