How To Dispute Paternity in Illinois
Posted on November 25, 2025 in Paternity
Disputing paternity means you want the court to review whether you are the child’s biological father. In Illinois, you can challenge paternity if you believe that the original paperwork or court ruling was wrong. However, you have to follow strict time limits and legal steps to do so. A knowledgeable Wheaton, IL paternity lawyer can guide you through each part of the process.
When Can You Challenge Paternity in Illinois?
Under the Illinois Parentage Act of 2015, paternity can be disputed under certain circumstances. Maybe you signed a Voluntary Acknowledgment of Paternity (VAP) by mistake, or you were pressured or misled into signing it. A VAP is a legal form that names you as a child’s father without going to court, and it legally binds you to that child. According to 750 ILCS 46/309, if you signed a VAP and think it was a mistake, you must challenge it within two years of learning new facts that suggest you are not the biological father.
You may also challenge paternity after a DNA test shows that you are not the father. Illinois courts often rely on genetic testing to determine parentage, and a result showing a 99.9 percent match creates a legal presumption of fatherhood. When the test shows you are not the biological father, you can file a petition to vacate or amend the existing paternity finding.
Can You Dispute Paternity After a Court Order in Illinois?
It is more difficult to dispute paternity after the court has already made a ruling. You must show that there was a major error, fraud, or newly discovered evidence. The law limits how long you have to act, so you should file as soon as possible after learning the truth.
For example, if you discover new DNA results that were not available earlier, the court may agree to review your case. The judge will also look at whether changing paternity serves the child’s best interests. This means the court will think about the child’s emotional health and sense of stability before making a new ruling.
What Happens if Paternity Is Overturned?
When a court overturns paternity, it means you are no longer the child’s legal father. This change can affect your rights, your finances, and your relationship with the child. If the judge rules that you are not the biological father, your future child support obligations usually end. However, any past support you owed or paid will remain in place, since that money was meant to support the child’s needs at the time.
The court may also update the birth certificate to remove your name and, if known, list the biological father instead. In some cases, he may take on legal and financial responsibilities. The judge will always consider the child’s best interests when making these decisions.
If you have built a bond with the child, the court may allow continued contact or visitation. These cases are emotional and complex. An attorney can be a strong support system in addition to an invaluable legal resource.
Contact a DuPage County, IL Paternity Attorney Today
At Andrew Cores Family Law Group, we understand that disputing paternity is a sensitive matter that involves both emotional and legal challenges. Our role is to help you understand your rights, prepare your case, and meet all court deadlines. If you believe a mistake was made in your paternity case, do not wait to act. Call 630-871-1002 to schedule your free consultation with our experienced Wheaton, IL paternity lawyers. We will discuss your options and help you make the right decision for you and your family.
