Geneva, Illinois Paternity Attorneys

Devoted Family Law Attorneys Helping Clients With Parentage in Geneva, IL

Parental rights and questions of paternity can arise during a divorce proceeding, as well as in other family law cases. How can you establish legal paternity? This question is one that frequently comes up in issues surrounding a father's rights in Illinois.

At Serrano Hanson & Hurtado, LLC, we understand how complicated paternity matters can be, and we are dedicated to assisting clients with parentage concerns. Whether you are attempting to establish paternity as a father to have rights when it comes to child custody and child visitation, or you are seeking to establish paternity in order to ensure that your kids have their needs met through child support obligations, we can help. The family law attorneys at Serrano Hanson & Hurtado, LLC have years of experience navigating the issues surrounding paternity and parentage.

Focusing on Parental Rights and Responsibilities

Under the Illinois Parentage Act of 1984 (750 ILC 45/), Illinois recognizes the right of every child to have "physical, mental, emotional, and monetary support" from his or her parents. The law makes clear that a parent and child relationship is legally established either when a person is the natural parent of a child or the adoptive parent of a child. Once that relationship exists, the parents have specific rights and obligations when it comes to support.

How is paternity established? In general, a man may be considered the legal father of a child if one of the following conditions exists:

• The man was married to the child's natural mother at the time of birth.
• The man was married to the child's natural mother at the time of conception.
• The man married the child's mother following the child's birth and is listed as the father on the child's birth certificate with his permission.
• The man and the child's mother have signed a voluntary acknowledgment of parentage agreement.
• A court order of paternity exists.

Who can petition to establish paternity? Only a small number of people can petition to establish paternity, including:

• A man who believes he is the child's father
• The natural mother
• The child

In general, the law presumes that a father has the right to a parent-child relationship. This legal relationship means that the father will have a right to child visitation even if he is not awarded custody. However, in some circumstances involving domestic violence or other criminal acts, a legal father may be denied custody or visitation. It is important to speak with an experienced family lawyer about your situation. Each case is different, and you should have experienced counsel on your side to advise you of your rights.

Unfit Parents

In Illinois, a parent's parental rights can be terminated if he or she is deemed unfit to parent. This decision is not made lightly by the courts, and it will usually only be carried out if:

• The parent abandons or has a history of abandoning his or her child.
• The parent creates an unsafe environment for the child.
• The parent has a substantial criminal history that would lead the courts to deem him or her depraved.
• The parent has physically or emotionally abused the child.
• The parent has a substance use problem that affects his or her relationship with the child.

Proving that a parent is unfit requires tangible evidence, such as photos, videos, recordings, text exchanges, or documentation that proves neglect. In most cases, parental rights will only be terminated if another person, such as a stepparent, adopts the child and becomes their legal parent. A family law attorney can help assemble evidence and present a compelling case for solutions that will protect the child's best interests.

Contact Our Geneva Paternity Lawyers

At Serrano Hanson & Hurtado, LLC, we provide professional and personalized service for each of our clients. Our attorneys will meet with clients at any stage of divorce and child custody proceedings to figure out a solution. Contact our offices today at 630-844-8781. We serve clients in Geneva, St. Charles, Elburn, Batavia, Aurora, West Chicago, and Elgin.