Presumption of Paternity
A man is presumed to be natural father of a child if:
- He is or has been married to the natural mother;
- After the child's birth he and natural mother marry each other;
- He signed an acknowledgement of paternity in accordance with Department of Healthcare and Family Services
- He and the child's natural mother have signed an acknowledgement of parentage
Establish a Parent and Child Relationship
A parent and child relationship may be established voluntarily by signing and witnessing of a voluntary acknowledgement.
Determination of Father and Child Relationship – Who May Bring Action
An action to determine the existence of the father and child relationship, whether or not relationship is already presumed may be brought by the child, the mother; a pregnant woman, any person or public agency who has custody of or is providing or has provided financial support to the child, the Department of Healthcare and Family Services if it is providing or has provided financial support to the child; or a man presumed or alleging himself to be the father of the child or expected child.
Action may be brought in county in which any party resides or is found
Summons shall be served on defendant which shall include a return date for defendant to appear.
The Court will order the parties and the child to submit to deoxyribonucleic acid (DNA) tests to determine inherited characteristics.
Tests shall be conducted by an expert qualified as an examiner of blood or tissue types and appointed by the court.
Expert shall prepare a written report of the test results.
The expense of the tests shall be paid by the party who requests the tests, except that the court may apportion the costs between the parties, upon request.
Temporary child support shall be ordered in accordance to the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the IMDMA
Custody is based on best interests of the child. Usually the parents can and should make that determination if it would be sole custody or joint custody.
Sole custody involves the sole custodian parent to make major decisions regarding the child's health, education and welfare.
Joint custody involves both parents to make decisions regarding the child's health, education and welfare.
Joint custody involves joint custody agreement that may be similar to includes all things we include.
Look at joint parenting agreement
Statutorily that if there is a dispute, the parties attend mediation
Look at mediation under best interests factor look at statute and see what it says.
Most counties have a provision for some type of mediation. Explain what it means.
If not agreement, evaluation by professional psychiatrist or psychologist to make recommendations to the court.
Visitation and parenting time related to minor children is important especially if there are hostilities and visitation schedules should be carefully drawn and precise. Parties should try and work together to accommodate the interests of the child and the needs of the parents regarding visitation.
Relocation of parents with children. Cite statute.
Parent cannot leave State of IL without permission or court order.
List factors listed in statute
Paternity
Paternity has to be established in order for father to have any rights. Rights are slimmer than those given to father under marriage and dissolution of marriage action. Until determined he does not have a right. Responsibilities – child support.
On child support put statutory amounts – current ones.
Paternity has certain visitation rights and many times it is necessary that they do genetic testing.
Financial issues business evaluations important to
Cite something about dissipation of marital assets.
Consult with lawyer and carefully review all financial records, tax returns and documentation of any business arrangements. If parties start business during marriage it becomes marital property just like real estate.
Contact an experienced Downers Grove auto accident and divorce attorney. Call William C. North at 630-413-4451
