DuPage County Paternity and Parentage Attorneys

When dealing with family law disputes involving a child and an unwed mother and father (and sometimes in married couples) in family law issues, establishing paternity is one of the first steps before major parentage decisions can be made.  We’ve worked with fathers who want to establish their rights through a parentage agreement. We’ve worked with mothers who need to ensure a father or alleged father is following a parentage agreement. Sometimes, two agreeable adults just want to make sure their parentage agreement is legally binding, and establishing paternity is part of that.  Your O’Flaherty legal team creates a plan to resolve your paternity and parentage matters and fights for what is in the best interests of you and your child.

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What Does Establishing Parentage Mean?

We’ve worked with fathers who want to establish their rights through a parentage agreement. We’ve worked with mothers who need to ensure a father or alleged father is following a parentage agreement. Sometimes, two agreeable adults just want to make sure their parentage agreement is legally binding, and establishing paternity may be part of that.  Your O’Flaherty legal team creates a plan to resolve your paternity and parentage matters and fights for what is in the best interests of you and your child.

Establishing parentage is a legal term meaning, “who are the legal parents of this child?” In the majority of parentage cases, the biological mother is one half of the legal parents, with the biological father being the other. Paternity comes into play when you need to confirm who will be the father when establishing parentage.

To put it simply: Establishing parentage is the legal process to establish who a child’s legal parents are, while establishing paternity is just legal process for determining the legal father.

Already Signed a Parentage Acknowledgement?

A valid Voluntary Acknowledgement of Parentage establishes legal parentage, but it does not itself award parenting time or decision-making authority. If you need an enforceable parenting arrangement, additional court proceedings may be necessary.

How We Help With Paternity and Parentage Matters

Establishing Legal Parentage

Your guide to what’s needed to legally recognize the parent-child relationship

Retirement and Investment Account

Pensions, 401(k)s, IRAs, brokerage accounts, and other investments

Businesses and Professional Interests

Ownership interests, closely held companies, partnerships, and professional practices

Bank Accounts and Personal Property

Cash accounts, vehicles, valuable collections, furnishings, and other property

Loans and Consumer Debt

Credit Card, personal loans, vehicle loans, and lines of credit

Potentially Hidden or Transferred Assets

Unexplained withdrawals, transfers, incomplete disclosures or disputed valuations

How Can Paternity Be Established in Illinois?

In eligible circumstances, fathers can establish paternity by completing a Voluntary Acknowledgment of Parentage, commonly called a VAP. The document must be signed, witnessed, and filed with the Illinois Department of Healthcare and Family Services.

When paternity is disputed, or an acknowledgment is not appropriate, a formal proceeding may be necessary. Depending on the circumstances, paternity may be established through Voluntary Acknowledgment of Parentage (VAP), an administrative order through the state, or a judicial court order.

If you’re looking to establish paternity or parentage, a good first question is: What outcome are you hoping for? You don’t always need an attorney for this process, but if you know your child’s other parent disagrees with your desired outcome, you should be prepared to proceed with legal action.

Parenting Time and Decision-Making

  • Regular parenting schedules
  • Holiday and school breaks
  • Transportation and exchanges
  • Education and healthcare decisions
  • Parent communication
  • Safety concerns and appropriate protections

What to Expect in a Parentage Matter

1

Review Your Situation

Discuss your goals, the child's circumstances, existing documents and upcoming deadlines.
2

Determine Whether Parentage is Already Established

Review acknowledgements, prior orders, and other relevant legal circumstances.
3

Identify Appropriate Legal Steps

Determine whether an acknowledgement, parentage proceedings, or request for parenting or support orders is appropriate.
4

Gather Necessary Information

Collect relevant records and address genetic testing when appropriate.
5

Work Toward Agreement

Explore agreements where possible and prepare for hearings when issues remain disputed.
6

Understand the Resulting Orders

Review what the orders require and how they affect your next steps.