Parentage In Illinois

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What is involved in a parentage/paternity case under the Illinois Parentage Act?

A parentage case, also known as a paternity case, is a legal proceeding to establish the legal relationship between a parent and a child when the parents are not married. Under the Illinois Parentage Act, parentage cases address issues related to the establishment of paternity and the determination of parental rights and responsibilities. Here's an overview of what is involved in a parentage case under the Illinois Parentage Act:

1. Establishing Paternity: The primary goal of a parentage case is to establish paternity, which legally identifies the biological father of a child. This may involve genetic testing to confirm biological parentage if paternity is disputed.

2. Legal Rights and Responsibilities: Once paternity is established, the father has legal rights and responsibilities regarding the child, including the right to seek parenting time (visitation) and participate in decision-making regarding the child's upbringing. The child also gains legal rights, such as the right to financial support from both parents.

3. Parenting Plan: Similar to divorce cases, parentage cases may involve the creation of a parenting plan that outlines how parental responsibilities (decision-making authority) and parenting time will be allocated between the parents. If the parents can agree on a parenting plan, they can submit it to the court for approval. If they cannot agree, the court will likely order mediation and ultimately the court will allocate parental responsibilities and parenting time based on the best interests of the child at trial.

4. Child Support: In parentage cases, the court may also address issues related to child support. The non-custodial parent may be required to pay child support to the custodial parent to help cover the child's expenses, including food, clothing, shelter, education, and healthcare. (Other information regarding child support calculation is outlined elsewhere in this website.)

5. Mediation and Court Proceedings: In some cases, parents may be able to resolve issues related to parentage through mediation, where a neutral third party helps facilitate discussions and negotiations between the parents. If mediation is unsuccessful or if there are unresolved issues, the case may proceed to court, where a judge will make decisions based on the evidence presented and the best interests of the child.

6. Enforcement and Modification: Once a parentage order is established, it is legally binding, and both parents are required to comply with its terms. The court has the authority to enforce the order and may take enforcement actions against parents who fail to comply. Additionally, either parent may petition the court to modify the parentage order if there is a significant change in circumstances that warrant a modification.

Parentage cases under the Illinois Parentage Act are designed to protect the rights and interests of both parents and the child involved. Consulting with a family law attorney experienced in parentage cases, such as Denise M. Kuzniewski, can provide guidance and assistance throughout the legal process.

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At the Law Office of Denise M. Kuzniewski, we focus on Divorce, Child Support and Related Expenses, Allocation of Parental Responsibilities, Orders of Protection, Adoption, Guardianship, Juvenile Cases and Parentage Matters. We are here to listen to you and help you navigate the legal system by providing guidance, support and experience.

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The Law Office of Denise M. Kuzniewski is committed to answering your questions about Divorce, Child Support, Custody/Allocation of Parental Responsibilities, Orders of Protection, Adoption, Guardianship, Juvenile Cases and Parentage Matters. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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