In Illinois, proceedings to establish paternity are governed by the Illinois Parentage Act of 2015. These proceedings are used to establish paternity, allocation of parental responsibilities (formerly known as custody), parenting time (formerly known as visitation), child support and post high school education expense contribution. The Illinois Parentage Act of 2015 relies upon the Illinois Marriage and Dissolution of Marriage Act to address the allocation of parental responsibilities, parenting time, child support and contribution to post high school expenses. If you need help navigating the Illinois Parentage Act of 2015, call Figiel Law Offices, Ltd. at 773.774.6084 and schedule a consultation with one of our attorneys.
The Illinois Parentage Act of 2015 contains rebuttable presumptions concerning parentage; namely, the birth of a child before the parties’ marriage, during the parties’ marriage, or if the parties were in a legal relationship and the child wasborn within three hundred days of the termination of that legal relationship. Parentage can be established by filing a Petition to Establish Parentage and obtaining an adjudication of parentage. Parentage can also be established voluntarily by the signing of a voluntary acknowledgement of paternity. Unless you are absolutely certain concerning parentage, you should not sign a voluntary acknowledgement of paternity. The signing of a voluntary acknowledgement of paternity has the effect of an adjudication of parentage.
If you are not the biological father of a child, but parentage is presumed, parentage has been adjudicated, or you signed a voluntary acknowledgement of paternity then there are remedies available. You will have to file a Petition to Declare the Non-Existence of the Parent-Child Relationship. Time is of the essence. In the case of a presumed parent, the action will have to begin within two years after you knew or should have known of relevant facts, but in no event beyond the eighteenth birthday of the child. In the case of an adjudication of parentage based upon a presumption of parentage, the action will have to begin within two years after you obtain actual knowledge or relevant facts and requires that the presumed parent and child have genetic test results that reveal that the adjudicated parent is not the parent, but in no event beyond the eighteenth birthday of the child. A voluntary acknowledgement of paternity can be rescinded within sixty days of signing the voluntary acknowledgment of paternity, or challenged within two years of signing the voluntary acknowledgment of paternity on the basis of fraud, duress or material mistake of fact. The two year deadline to challenge a voluntary acknowledgment of paternity can be extended if there is fraudulent concealment. These cases can be challenging and have monumental consequences. If you have concerns regarding the presumption of parentage or the adjudication of parentage then call Figiel Law Offices, Ltd. at 773.774.6084 to schedule a consultation with one of our attorneys.