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Friday, May 9, 2008

Paternity Issues

Wheaton, Illinois, Paternity Lawyer

The Law Office of Emily J. Kelly -- Serving DuPage and Kane Counties

Emotions can run high in determining parentage and the associated issues of child support obligations and visitation rights. I am a caring and compassionate family law attorney who will fight for your interests while keeping a sensitive matter confidential.

The Law Office of Emily J. Kelly in Wheaton, Illinois, represents both mothers and fathers in paternity cases heard in the courts of DuPage and Kane Counties. Whether you are seeking to establish paternity or denying a parentage claim, an experienced attorney with your best interests at heart will represent you. Call me at (630) 221-0100 to schedule a free, 30-minute consultation to talk about the process and your goals.

Presumption of Paternity in Marriage

Under Illinois law, a child conceived during the marriage is presumed to be the child of the married parents. This presumption can be rebutted by evidence of infidelity and DNA testing. In the context of divorce, establishing paternity in Illinois is not very difficult unless one of the spouses claims the child was not a result of the marriage. Years ago, before genetic testing was routinely available, infidelity and fraud in a marriage could make it difficult to accurately establish paternity of a child. Now, every court in the United States accepts DNA paternity testing as conclusive evidence of paternity.

Never-Married Parties: Genetic Testing to Establish Paternity

With the advent of DNA paternity testing, a court can now establish parentage in a relatively quick and easy procedure. The father can either submit to a paternity test, or a court order can be obtained to compel the ostensible father to take the test. Today’s DNA test results are accurate, nearly indisputable proof of parentage under Illinois paternity law.

As your attorney, I know that paternity testing is a sensitive issue for all parties involved. That is why my office handles every case with the strictest confidentiality for the sake of my client’s privacy. Once we have established parentage, we can institute proceedings for establishment of a child support obligation and establishment of day care contribution and medical insurance.

The Law Office of Emily J. Kelly represents:

  • Men who are challenging paternity claims, arranging a DNA test, or negotiating child support arrears
  • Fathers seeking to assert custody or visitation rights -- establishing paternity and commencing custody determination proceedings
  • Women seeking financial support -- if a petition is filed within two years of the baby's birth, you can seek birthing expenses. Back child support that reaches back to the date of birth can also be recovered under certain circumstances.

Help Is a Phone Call Away: (630) 221-0100

For knowledgeable and discreet representation by an experienced paternity lawyer, contact my office for a free 30-minute consultation.