How Can I Establish Paternity if the Father Is Unwilling?

 Posted on November 18, 2024 in Paternity / Parentage

Many children have the privilege of growing up with both of their parents. Even if a child’s parents are divorced, having two involved parents can be very beneficial for the child’s emotional well-being. Similarly, in many families, parents who are not married to each other understand the benefits of allowing their child to have a meaningful connection with each parent.

While married couples are automatically recognized as a baby’s parents at birth, an unmarried father’s relationship with his child needs to be legally established so that his paternity is officially recognized. Otherwise, he has no legal parental rights or responsibilities to the child. When the mother wants the father to establish his paternity, but he is unwilling to acknowledge his role in the child’s life, she can pursue legal action. If you are in this situation, contact a knowledgeable Hillside, IL family law attorney to learn more about your options.

How Can Unmarried Parents Establish a Father’s Paternity?

When a baby is born, the woman who gives birth is automatically recognized as the legal mother. If she is married to a man at the time, her husband is automatically considered the father. Otherwise, the father’s relationship with the child needs to be proven.

If both unmarried parents want the father to be recognized, they can fill out a "Voluntary Acknowledgement of Paternity " document ("VAP"), which includes details about the parents and the child. As the name indicates, this is something that needs to be done voluntarily. If the parents complete the form in the hospital when the baby is born, both their names will appear on the birth certificate. If they file it later, the original birth certificate will only include the mother’s name, but it can be reissued with both their names once the "VAP" has been processed.

How Is Paternity Established if the Father Objects?

If the father is unwilling to acknowledge his relationship with the child, the mother can seek the assistance of the court system in establishing his paternity. She needs to fill out a petition asking the court to rule on the child’s parentage. The petition is submitted to the Clerk of the court, and she needs to serve the presumed father with a copy.

She can also schedule a hearing date at the time she files the petition, and then the father can either:

• Appear in court and contest his paternity, in which case the judge will likely require him to take a DNA test. If the test shows that he is not the father, the case will end. If it shows that he is the father, the judge can declare his paternity; or,

• Not appear in court, in which case the judge can declare his paternity by default.

Why Bother Establishing Paternity if the Father Does Not Show Up?

You might be wondering why you would want to establish the father’s paternity. If he does not show up in court for the hearing, why would you bother getting the judge to declare paternity by default? 

There are actually several benefits that paternity can provide. While the focus is often mainly on the emotional advantages, paternity can still be beneficial when the father refuses to be involved in the child’s life. Some examples of these benefits include:

• Court-ordered child support;

• Social Security benefits if the father becomes disabled or dies;

• A more complete medical history; and,

• Legal rights to inheritance and veteran’s benefits, if applicable

Additionally, there can still be emotional benefits even without the father being emotionally present. Despite how painful it can be for children to know that their father is not interested in a relationship, simply knowing who their father is can answer many questions they might have about their own identity. In some cases, even without the father’s involvement, the child might foster a relationship with the father’s family, which can help foster a sense of belonging and connection.

Schedule a Free Consultation With an Oak Park, IL Paternity Lawyer

It can be difficult trying to establish paternity with an unwilling father. Luckily, there are legal options available, and you do not need to handle this matter alone. An experienced Hillside, IL family law attorney at the Law Office of Vincent C. Machroli, P.C. can help. Call us at 708-449-7404 to schedule a free consultation.