For married couples, Illinois courts assume the husband is the father of any children born during the marriage unless evidence such as a Denial of Paternity form or a VAP overturns that assumption. The same is true for parents in a civil union. During a separation or divorce, the father has parental rights and can seek custody.
This situation is different for unmarried parents. In Illinois, the biological mother has sole custody of a child born to an unwed couple by default. However, there are ways that the biological father can gain parenting rights. Mothers can also seek to prove paternity to receive child support. If you need to establish paternity, an Illinois paternity lawyer can help.
What Does Paternity Mean Legally?
Paternity establishes a legal connection between a biological father and his child. This connection is important, both for the parents and their child. Legally established paternity: