Paternity And Guardianship Law In Illinois

Sometimes, family dynamics and circumstances require a guardianship, a legal appointment that allows someone to take legal responsibility for another person. In other circumstances, if a child is born out of wedlock, a father must establish paternity in order to secure his parental rights. As a family law attorney, I often help my clients in the Naperville community with legal matters involving paternity or guardianships.

Paternity Law And Fathers’ Rights

In the state of Illinois, when a child is born to a woman who is married, it is assumed that her husband is the father. When a child is born out of wedlock, the baby’s father must establish paternity in order to have any legal parental rights. In Illinois, a Voluntary Acknowledgement of Paternity (VAP) form can be obtained and signed at the hospital when the baby is born if both parties agree. If the mother refuses to consent to paternity, the father can file a paternity action. If the father refuses to acknowledge paternity, the mother can file a petition with the court to start a paternity action. Paternity must be established before child support will be required and before any sort of parentage action may be filed.

Guardianships In The State Of Illinois

Parents naturally have guardianship over their children until they turn 18. Occasionally, a person over the age of 18 is not capable of making decisions on their own or for themselves. When an adult is not able to make decisions relating to their personal care or finances because of a physical, mental or developmental disability, the court can appoint a guardian. I can help clients file a petition for guardianship if necessary.

Schedule A Free Consultation With A Paternity Lawyer Today

I offer a free, confidential initial appointment to discuss the facts and circumstances of your situation and to answer your questions. Call my office at 630-717-7877 or send an email through my website to schedule your free consultation today.