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Tuesday 27, Oct, 2015

Defeating Paternity Presumptions in Illinois

A Skilled Chicago Paternity Lawyer Can Help

A paternity suit is the legal vehicle whereby a man is declared to be the legal father of a child. In some cases, the man declared to be a child’s legal father is the biological father of the child; however, it is not a necessity that the biological father of the child be named as the child’s legal father. In some cases, a man may be thrilled to be named as a child’s legal father. In other cases, a man may wish to fight an attempt to establish him as the legal father. This is because while a paternity suit does establish the right of a man to visit with the child and participate in raising the child, it also establishes an obligation for the man to support the child and pay for the child’s needs.

Paternity Presumptions in Illinois

Like other states, Illinois law creates certain “presumptions” of paternity. In other words, there are certain situations in which a man is presumed to be the legal father of a child and thus have the rights and responsibilities placed upon him. These include:

  • Where the man and the child’s mother were married to each other when the child was conceived;
  • Where the man married the child’s mother after the child’s birth and had his name written on the child’s birth certificate as the child’s father;
  • Where certain court or administrative orders list the man as the child’s legal father; or
  • Where the man and the child’s mother have signed a Voluntary Acknowledgement of Paternity form listing the man as the child’s father.

A presumption means that once evidence has been presented that establishes the facts necessary for one of the above-listed presumptions to apply, the “burden” then shifts to the man to disprove the presumption or otherwise show that it is inapplicable.

How Do I Disprove a Paternity Presumption?

Disproving paternity is no easy task: you are, in effect, attempting to disprove a nonexistent fact. An experienced and skilled paternity lawyer’s assistance will be necessary to give you the best opportunity of defeating a presumption of paternity. This can be done through evidence that:

  • Although married, you and the child’s mother were living apart at the time the child was conceived;
  • You signed the birth certificate or Voluntary Acknowledgement of Paternity under duress or fraud; or
  • Previous court or administrative orders were entered based on inaccurate factual information.

How the Arami Law Office Can Help

Do not try to defeat a paternity presumption alone – be sure you go into court with a talented paternity lawyer at your side. At Arami Law Office, we pride ourselves on being able to help clients achieve superior results in all types of family law proceedings. Our skilled and resourceful Chicago paternity lawyers are able to investigate your particular situation and make personalized recommendations concerning how to defend yourself in a paternity action. Contact us today at (312) 212-1399 and learn more about how we can assist you in a paternity case.

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