Peoria Paternity Lawyer: Establish Your Rights as a Father
Establishing who a child’s legal parents are is one of the most important steps in family law. Whether you are a mother seeking financial support for your child or a father fighting to be part of your child’s life, the legal process can feel overwhelming. Without the right legal help, you may miss out on essential rights or benefits.
At Sullivan’s Law, we help families in Peoria, Illinois, navigate the complexities of paternity cases. We understand that every situation is unique. Our goal is to make the process clear and help you reach a resolution that supports the best interests of your child.
What is Paternity and Why Does It Matter?
Paternity, also known as parentage determination, is the legal process of establishing a man as the legal father of a child. When a child is born to married parents in Illinois, the husband is presumed to be the father. However, for unmarried parents, legal fatherhood is not automatic.
Establishing paternity is about more than just a name on a birth certificate. It opens the door to crucial legal rights and responsibilities. Once parentage is established, it provides specific benefits for the child and the parents, including:
- Financial Support: It allows the custodial parent to request child support payments to help with the cost of raising the child.
- Medical History: The child gains access to the father’s medical history, which can be vital for healthcare decisions.
- Benefits: The child may become eligible for the father’s health insurance, Social Security benefits, or inheritance.
- Relationship: It is the first step for a father to secure visitation rights and parenting time.
Illinois Paternity Laws and Peoria County Procedures
Paternity cases in our area are governed by the Illinois Parentage Act. This set of laws dictates how parentage is established, how DNA testing is handled, and how disputes are resolved. In Peoria, these cases are heard at the Peoria County Circuit Court within the Tenth Circuit District.
The court system has strict rules regarding deadlines and paperwork. Failing to file the correct forms with the Peoria County Circuit Clerk’s Office can delay your case or result in a ruling that you did not want. For example, there is a statute of limitations for some paternity actions, meaning you must act within a certain timeframe after the child is born.
Local rules in Peoria County may also influence how quickly a case moves through the system. Having a local attorney who understands the specific procedures of the Tenth Circuit Court can help ensure your case is handled correctly from the start.
How to Establish Paternity in Peoria
There are a few different ways to establish a legal father designation in Illinois. The method used often depends on whether both parents agree on who the father is.
Voluntary Acknowledgment
Administrative Paternity Order
Judicial Paternity Order
Father's Rights and Legal Protections
Many fathers believe that paying child support automatically gives them the right to see their child. In Illinois, this is not true. Paternity establishment is only the first step. You must also petition the court for parental rights regarding decision-making (formerly called custody) and parenting time (visitation).
Once you are recognized as the legal father, you have the right to seek:
- Parenting Time: A schedule that allows you to spend regular time with your child.
- Decision-Making Power: The right to have a say in major decisions about the child’s education, healthcare, and religious upbringing.
- Prevention of Removal: The ability to object if the other parent tries to move the child far away or out of state.
Without a court order, a father may have no legal standing to stop a mother from withholding the child. We help fathers protect these rights to ensure they can build a meaningful relationship with their children.
Sullivan Shick
Common Paternity Scenarios and Disputes
Paternity cases can become complicated quickly. Emotions often run high, and disputes can arise over various issues. We frequently assist clients with the following scenarios:
Contesting False Paternity Claims
Child Support Calculations
Relocation Issues
Frequently Asked Questions
Paternity is the legal determination of who the father is. Custody (now called allocation of parental responsibilities) determines who makes major decisions for the child and who the child lives with. Establishing paternity does not automatically grant you custody; it gives you the legal standing to ask the court for custody or visitation.
The cost varies depending on the complexity of the case. If both parents agree, it is relatively inexpensive. If the case involves contested DNA tests, court hearings, and disputes over custody, the costs will be higher. We offer a consultation to discuss your specific situation and give you a better idea of what to expect.
If you sign a Voluntary Acknowledgment at birth, it is immediate. A court case can take anywhere from a few months to over a year, depending on whether the parents can agree on issues like custody and support or if the judge needs to decide.
Yes. If you believe you are the father, you can file a petition with the court to establish parentage. The court can order the mother and child to submit to DNA testing to prove biological relation.
Once established, you have the right to petition for parenting time (visitation) and decision-making responsibilities. You also have the right to be notified of legal proceedings involving the child, such as adoption or relocation requests.
Not always. If both parents sign a Voluntary Acknowledgment of Paternity, a DNA test is not required. However, if there is any doubt or if one party refuses to acknowledge parentage, the court will likely order a DNA test.
You should hire an attorney immediately. You have the right to request genetic testing. If the test proves you are not the father, the court will dismiss the case against you, and you will not be responsible for child support.
Illinois uses an "Income Shares" model. The court looks at the combined net income of both parents and determines a total support amount based on state guidelines. That amount is then divided between the parents based on their share of the combined income and the number of overnights the child spends with each parent.
You should hire an attorney if the other parent is denying you access to your child, if you are being sued for child support, if you question the biological parentage of a child, or if you need to modify an existing court order. Early legal advice can prevent costly mistakes.
Typically, you will need the child's birth certificate (if available), proof of income (pay stubs, tax returns) for support calculations, and any communication (texts, emails) relevant to the dispute. Your attorney will provide a specific checklist based on your case.
Get Legal Help With Your Paternity Case
Establishing parentage is a life-changing legal event that affects your finances, your rights, and your child’s future. Whether you are looking to secure support or protect your relationship with your child, you do not have to navigate the Peoria County court system alone.
At Sullivan’s Law, we are dedicated to protecting your rights under Illinois law. Contact us today to schedule your free initial consultation. Let us help you clarify your legal standing and move forward with confidence.
CONTACT US
(480) 284-2644
(623) 915-0944