Paternity Attorney in McHenry

Serving McHenry County Families in Paternity Matters Since 1998

At Brody Brandner, Ltd., we’ve worked with families across McHenry, Kane, and Lake Counties on paternity and family law matters since 1998. Paternity cases are heard in the Family Division of the 22nd Judicial Circuit of McHenry County, and the outcome of those proceedings affects far more than a name on a birth certificate. Once the court establishes legal fatherhood, it also resolves allocation of parental responsibilities, parenting time, child support, health insurance, and educational expenses. Either parent can initiate the action, and cases range from routine acknowledgments to hard-fought disputes.

If you have questions about a paternity matter in McHenry County, we offer free consultations. Call (815) 374-7783 to speak with one of our attorneys.

How Paternity Is Established in Illinois

Under the Illinois Parentage Act (750 ILCS 46), establishing parentage typically begins with filing a petition in circuit court. Most cases are filed in the county where the child lives. Once filed, the other parent is served with the petition and summons. Either the father or the mother may file. Until a court order is entered, the mother retains primary parental responsibility by default. A father who establishes paternity gains the legal standing to seek allocation of parental responsibilities and parenting time. A mother who establishes paternity gains grounds to pursue a child support obligation.

Voluntary Acknowledgment of Paternity: What It Does & Doesn’t Do

A Voluntary Acknowledgment of Paternity (VAP) is a signed, witnessed form filed with the Illinois Department of Healthcare and Family Services. When properly completed, it carries the same legal effect as a court order establishing paternity under the Illinois Parentage Act. That said, a VAP doesn’t automatically grant allocation of parental responsibilities or parenting time. A separate court petition is still required to obtain those rights.

Timing matters. Either party may rescind a VAP within 60 days of its effective date, or before any related court proceeding begins, whichever comes first. After that window closes, a VAP can only be challenged on grounds of fraud, duress, or material mistake of fact, and that petition must be filed within two years of the effective date.

A few situations require additional steps before or instead of a VAP:

• Uncertainty about biological parentage: Signing a VAP waives the right to demand a genetic test. Court-ordered DNA testing in Illinois requires at least a 99.9% probability of paternity, and at-home tests aren’t admissible as evidence. If there’s any doubt, genetic testing should come first.
• Marital presumption of paternity: If the birth parent was married to or in a civil union with someone other than the child’s biological father, and the child was born within 300 days of that marriage or civil union ending, a Denial of Parentage form must be filed alongside the VAP to override the presumption.
• Conflicting VAP: If another man has already signed a VAP, that conflict can only be resolved through the court.

The information above reflects general legal information about Illinois law and isn’t legal advice for any individual situation. The specifics of your case may differ.