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Posted on in Child Custody

Illinois divorce attorney, Illinois family lawyer, Illinois child custody attorney,unmarried father's rights, Typically, a discussion surrounding paternity rights involves the rights of a married (and subsequently divorcing) father. Unmarried fathers, however, also struggle with paternity battles and the rights they have to their biological child (also known as fathers’ rights).

Historically speaking, unmarried fathers have fewer rights with respect to their child as compared to married men or the unwed mother. The Supreme Court of the United States addressed the constitutional rights of a father in a series of cases during the 1970s. The court found “the existence of a biological link between a child and unmarried father gives the father the opportunity to establish a substantial relationship” with the child. This includes being involved in raising the child.

While the court established these basic principles, the states are responsible for defining and governing paternity within their boundaries. The Illinois Parentage Act of 1984 establishes the basic principles governing the legal relationships between parent and children in the state. The law defines a parent-child relationship as the “legal relationship existing between a child and his natural or adoptive parents … to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.”

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Posted on in Child Custody

Illinios divorce attorney, Illinois family law attorney, DuPage County divorce lawyer,Proving paternity can be a complex thing to do, and a difficult one to discuss with your spouse. However, it can also be important for your child's future. Before people had access to things like DNA testing, there were a variety of laws in place that created presumptions about who was a child's father. Many of these laws are still around, though they have been modified in recent years to account for the changing technology available to actually make determinations about paternity. The key question for paternity laws asks whether the parents of the child are married.

Married Parents

Married parents ordinarily present the simplest case for establishing paternity. If two people are married when the child is conceived or born, then the Illinois Parentage Act of 1984 creates a presumption that the husband is the child's father. However, the father can dispute this presumption.

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