1730 Park Street, Suite 109,
Naperville, IL 60563

Call for a FREE Initial Consultation


How to Establish Fathers’ Rights in Illinois

 Posted on November 01, 2015 in Divorce

In the event that a person fathers a child with another person to whom he is not married, or separates or divorces from that person, the father may have questions about his rights regarding the child. For more clarity on fathers’ rights and paternity in Naperville, Illinois and surrounding areas, reach out to a skilled family law and fathers’ rights attorney.

How to Establish Paternity

In order to have any parental rights over a child as a father, paternity must be established. In the event that a couple is married at the time of the child’s birth, the paternity of the male in the marriage is implied. A voluntary acknowledgement of paternity may also be entered into in the event that the child’s parents are not married, but both acknowledge the male as being the child’s biological father and if there is no other man listed on the child’s birth certificate.

In the event that the biological father is not married to the child’s biological mother or is not available to sign a voluntary acknowledgment of paternity form, then paternity must be court-ordered. In order to submit a request for court-ordered paternity, the requesting father will likely have to schedule genetic testing in order to prove a biological relationship to the child.

Establishing Paternity Give Me Rights to See My Child?

If you do not establish paternity, you will have no legal rights over your child. However, keeping that in mind, establishing paternity in itself is not enough to give you access or/and custody to your child; once paternity is established, you will still need to enter into a joint parenting plan and custody agreement – or follow a court-mandated custody-order. Furthermore, if you are determined to be a child’s legal father, you will likely have to fulfill a child support obligation of some type.

What Rights Do I Have as My Child’s Legal Father?

As your child’s legal father, you have a certain number of rights. These rights include the right to petition for custody of the child, for visitation of the child, and to request to be involved in the decision-making process for choices affecting the child (such as where the child will go to school, with whom the child will live, etc.). Furthermore, a person who is the legal father of a child may also have the right to protest in the event that the child’s mother:

  • Prevents the father from seeing the child;
  • Moves the child out of state;
  • Denies the father visitation rights; or/and
  • Refuses to pay child support (despite a court order).

How a Naperville Family Law Attorney Can Help

If you are a father in Illinois, an experienced Naperville family law attorney can help you to establish paternity or/and fight for your rights regarding your child. Do not wait any longer to take legal action if you believe that you are your child’s parent or if you believe that you should have custody or visitation rights – the attorneys at Fay, Farrow & Associates, P.C. are ready to get to work. To schedule a consultation with our legal team today, call us now at 630-961-0060.

Share this post:
Back to Top