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Proving Paternity in Illinois

Posted on in Paternity

b2ap3_thumbnail_shutterstock_526720966-1.jpgMany people are familiar with the line, “You are (are not) the father!” The line – often repeated tongue-in-cheek – was made famous by daytime talk show host Maury Povich. Many episodes of the show were centered around participants who were either trying to prove or disprove allegations that they were the parent of a child. At some point during the episode, the results of a paternity test would be revealed to the show participants and the audience the results, with the host delivering his famous line.

The reality for many people, however, is that paternity of a child is anything but entertainment. Proving paternity means a father will have parenting rights, as well as being required to contribute to the financial support of a child. In Illinois, paternity is determined in several ways.

Presumptions of Paternity

The state of Illinois has enacted presumptions of paternity in certain cases where there is a question of who a child’s father is. The state may presume the person is the child’s father in the following situations:

  • The person and the mother of the child entered into a relationship or marriage and the child was born during the relationship

  • The person and the mother of the child entered into a relationship or marriage and the child was born within 300 days following the end of the relationship

  • The person and the mother of the child attempted to wed – with the marriage eventually declared invalid – and the child was born within 300 days following the end of the relationship

  • The person and the mother of the child entered into a relationship or marriage after the child was born and the person’s name is listed on the child’s birth certificate, at that person’s request

Is Presumption Fact?

The definition of presumption is, “An idea that is taken to be true, and often used as the basis for other ideas, although it is not known for certain.” Just because a presumption of paternity has been made, that does not mean that presumption is fact.

If a person who is presumed to be the father of a child contests that presumption, there are legal steps they can take to prove that no parent-child relationship exists. DNA tests can prove paternity conclusively, for example. Conversely, a person can also object if another individual is presumed to be the father and that person believes they are the actual father of the child.

Contact a St. Charles, IL Family Law Attorney

No matter what your position is in a paternity matter, Weiler & Lengle P.C. can help. Call our office today at 630-382-8050 to schedule a confidential consultation with one of our Kane County paternity lawyers and find out what legal options you may have.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

https://www.nbcnews.com/pop-culture/tv/maury-povich-retires-ending-31-season-run-revealing-father-rcna20836

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