In some family law cases, establishing paternity is a critical step that will protect the legal rights of parents and ensure that child custody issues can be handled correctly by parents. Paternity refers to the legal recognition of someone as the father of a child. It is important for both mothers and fathers to understand when it is necessary to establish paternity in order to protect their interests and secure the best possible outcome for their children. When addressing issues related to paternity and child custody, it is important to work with an attorney who can provide guidance on how to handle these concerns and legal representation in any court proceedings that may be necessary.
The Importance of Paternity
Establishing paternity provides numerous benefits for both parents and children. Some of these benefits include:
- Legal rights: Once paternity is established, both parents will have legal rights and responsibilities toward their child. A father who is recognized as a child’s legal parent will have the right to reasonable visitation or parenting time, and he may also share decision-making authority regarding the child's upbringing. Parents will also be able to access a child’s medical and school records, and the child will have inheritance rights following the death of either parent.
- Financial support: After paternity is established, both parents will be required to provide financial support for the child. When addressing issues related to child custody, child support orders can be put in place so that the child’s ongoing needs will be met.
- Health history: Children have a right to know about their genetic background, including potential health issues inherited from either parent. A legal relationship with a parent will allow a child to access family medical history, which can ensure that they will be able to receive the proper medical treatment when necessary.
- Social Security benefits: In cases where one parent passes away or becomes disabled, a child may receive Social Security benefits through that parent. Establishing paternity will ensure that the child will be able to access these benefits when necessary.
Paternity Laws in Illinois
In Illinois law, there are two primary ways to establish paternity:
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