Chicago Paternity & Parentage Attorney
Establishing Legal Rights for Fathers, Mothers, and Children in Cook County
In the state of Illinois, "paternity" (now legally referred to as parentage) is the foundation of the legal relationship between a father and a child. Until parentage is legally established, a biological father has no legal standing to make decisions for his child or request parenting time, and a mother has no legal mechanism to enforce financial support.
At The Elite Law Group, we understand that parentage cases are among the most emotional and legally significant matters in family law. Whether you are a father fighting to be part of your child's life, a mother seeking the support your child deserves, or a man wrongfully named as a father, we provide the premier family law advocacy Chicago families trust.
Under the guidance of our founder, Schylon Lane , we are dedicated to providing exceptional and reputable legal services that are equally affordable for all. We believe that every parent and child deserves access to justice and a clear legal path forward.
Why Establishing Parentage Is Critical
Establishing parentage is about more than just a name on a birth certificate; it unlocks a lifetime of rights, benefits, and responsibilities for the child and both parents. Without a legal finding of parentage, the court cannot address the crucial issues of custody (allocation of parental responsibilities), visitation (parenting time), or child support.
For Mothers
Establishing parentage is the necessary first step to securing financial stability for your child. Once the court issues an Order of Parentage, The Elite Law Group can assist you in petitioning for:
Child Support: Ensuring both parents contribute to the child's financial needs based on the Illinois "Income Shares" model.
Medical Insurance: Requiring the father to provide health insurance coverage.
Retroactive Support: In some cases, seeking support back to the date of birth or filing.
Shared Responsibilities: Ensuring the father shares in the cost of childcare, education, and extracurricular activities.
For Fathers
For unmarried fathers in Chicago, biology alone does not grant you rights. If you were not married to the child's mother when the child was born, you have zero legal rights to your child until you establish parentage.
Parenting Time (Visitation): You cannot petition the court for a visitation schedule until you are the legal father.
Decision-Making: You cannot have a say in your child’s education, healthcare, or religious upbringing without a parentage order.
Prevention of Adoption: Establishing parentage protects your rights if the mother attempts to place the child for adoption.
For Children
Beyond the immediate legal benefits, establishing parentage provides the child with:
Identity: A legal connection to both sides of their family.
Medical History: Access to the father’s genetic health history.
Benefits: Eligibility for the father’s Social Security benefits, veteran’s benefits, and inheritance rights.
How to Establish Paternity in Illinois
In Illinois, there are three primary ways to establish parentage. The Elite Law Group guides clients through each method, ensuring the process is handled correctly to prevent future legal challenges.
Voluntary Acknowledgment of Paternity (VAP)
The simplest method is the Voluntary Acknowledgment of Paternity (VAP). This is a form typically signed by both parents at the hospital immediately after the child’s birth.
Legal Effect: Once signed and filed with the Department of Healthcare and Family Services (HFS), the VAP has the full force and effect of a court judgment.
Caution: We advise clients to be absolutely certain before signing a VAP. By signing, you are waiving your right to DNA testing. If there is any doubt regarding biological parentage, do not sign this form without consulting an attorney.
Administrative Paternity Order
The Illinois Department of Healthcare and Family Services (HFS) can establish paternity through an administrative process, usually for the purpose of establishing a child support order. However, HFS cannot address custody or visitation. To secure parenting time, you must still go to court.
Judicial Paternity Order (Court Action)
When parties disagree on parentage, one parent (or the state) must file a Petition to Establish Parentage in the Circuit Court of Cook County.
The Process: The court will hold a hearing. If the alleged father denies paternity, the judge will order DNA testing.
The Result: If the DNA test confirms the biological relationship, the judge will issue an Order of Parentage. The court can then immediately address custody, visitation, and support in the same proceeding.
Chain of Custody: To be valid in court, the samples must be collected by an approved third party who verifies the identity of the mother, child, and alleged father (usually via government ID).
Accuracy: Legal DNA tests are 99.9% accurate and are rarely successfully challenged in court.
Refusal to Test: If an alleged father refuses a court-ordered DNA test, the judge can enter a "default judgment" declaring him the father based on his refusal.
DNA Testing: Accuracy and Legal Admissibility
In the age of drugstore DNA kits, many clients ask if they can bring at-home test results to court. The answer is no. Cook County courts require a legal DNA test to establish chain of custody.
At The Elite Law Group, we coordinate court-admissible genetic testing for our clients.
Rescinding a VAP
If you signed a Voluntary Acknowledgment of Paternity and later discovered you are not the father, you have a very limited window to act.
The 60-Day Rule: You may rescind (cancel) the VAP within 60 days of signing it.
After 60 Days: After this window closes, challenging the VAP is extremely difficult. You must prove fraud, duress, or material mistake of fact in court. The Elite Law Group has the experience to litigate these complex cases, arguing for the truth to prevail.
Defending Against False Claims
If you have been served with a Petition to Establish Parentage for a child you do not believe is yours, you must act immediately.
Ignoring the summons will result in a default judgment against you, potentially locking you into 18 years of child support payments. We act quickly to file an appearance, deny the allegations, and demand strict proof via DNA testing.
Disputing Parentage and Paternity Fraud
Sometimes, a man is named the legal father of a child who is not biologically his. This can happen through a mistake of fact or intentional deception (paternity fraud). Untangling these legal knots requires a sophisticated understanding of Illinois law.
The Putative Father Registry
For unmarried fathers, one of the greatest risks is that the mother may place the child for adoption without your knowledge. Illinois maintains a Putative Father Registry to protect your rights.
What It Is: A database where a man who believes he may be the father of a child can register to receive notice of any adoption or termination of parental rights proceedings.
The Deadline: You must register no later than 30 days after the birth of the child.
Our Counsel: If you are an unmarried father and believe the mother may attempt to hide the child or place the child for adoption, contact Schylon Lane immediately. We can assist you in registering and filing a concurrent petition to establish your rights in court.
Complex Parentage Issues
Modern families take many forms, and Illinois law has evolved to reflect this. The Elite Law Group is equipped to handle complex parentage matters, including:
Same-Sex Parentage: Establishing parentage for non-biological parents in same-sex relationships who are not married.
Assisted Reproduction: clarifying legal rights for children born via IVF or surrogacy.
Step-Parent Adoptions: Formalizing the relationship between a step-parent and a child when the biological parent is absent or consents.
We Pursue the Best Possible Outcome
We understand that the outcome of your parentage case will shape your family's future for decades. We pride ourselves on advocating for our clients in a way that recognizes the need for tailored, forward-thinking solutions. Whether through skilled negotiation or aggressive litigation, we are committed to pursuing the best possible outcome for your case.
Navigating the complexities of family law requires a partner who is both compassionate and relentless. We are your dedicated partner in justice.
Compassionate, Personalized Service
We know that legal challenges involving your family are deeply personal and stressful. Schylon Lane and the ELG team strive to make a difference in the lives of our clients through compassionate, personalized service. We take the time to listen to your story, explain your options in plain English, and empower you to make the right decisions for your child.
Exceptional and Reputable Care
Our mission is to deliver exceptional and reputable legal care, ensuring that high-quality representation is not a privilege for the few, but accessible to all. We believe in equal access to justice.
Why Choose The Elite Law Group?
Schedule Your Consultation Today
Do not leave your legal rights as a parent to chance. Whether you need to establish paternity to see your child, seek support to care for them, or defend yourself against a false claim, The Elite Law Group is ready to stand by your side.
Contact us today to schedule a confidential consultation with Schylon Lane. Let us provide the distinguished, innovative solutions you need to protect your family's future.
The Elite Law Group: Premier Family Law Advocacy for Chicago Families.