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St. Charles family law attorney paternity

Whether you are a child’s mother or father, establishing legal paternity provides important benefits for both you and your child, including court-ordered child support, other benefits for the child, such as health insurance and inheritance, and parental rights for the father. In Illinois, you have a few different options for establishing paternity, depending on the willingness of both parents to cooperate with the process.

It is important to note that if the parents are legally married at the time of a child’s birth, parentage is presumed without the necessity of any further legal action. The same can be true if the parents were previously married within 300 days of the child’s birth, or if they get married after the child’s birth. If none of these situations apply to you, you will need to take one of the following steps in order for a person to be legally recognized as the child’s father.

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Kane County family law attorneysThere is no denying that a divorce can be challenging even if both spouses mutually agree it is for the best. The decision to end a marriage may be especially difficult if a couple has a child together. In many cases, both parents want to spend as much time with their child as possible and it is one of the reasons they often put off filing for divorce. Every state has laws governing divorce and child-related issues, and Illinois is no exception. The allocation of parental responsibilities (child custody) and parenting time (visitation) must be determined before a divorce is finalized. It is possible for the custodial parent to relocate, so it is crucial to know the rights each parent has under Illinois divorce laws.

Illinois Divorce Laws

Under the Illinois Marriage and Dissolution of Marriage Act, one parent is typically awarded the majority of the parental responsibility for his or her child in a divorce. According to a new statute that was enacted in 2016, that parent must give the other parent 60 days written notice if he or she wishes to relocate with the child. Several important details must be included within that notification, such as: 

  • Date of the planned move
  • New address
  • Length of time if the relocation is temporary

The parent is permitted to move with his or her child within the state according to certain guidelines. A move beyond the mileage restrictions or out of Illinois requires permission from the other parent unless the court allows it. If the other parent objects to the move, the court may still permit the move if it is considered to be in the child’s best interest.

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