Paternity Attorney in Naperville, Illinois
What can I do if my ex-boyfriend won’t take responsibility for his child?
What can I do if my ex-boyfriend won’t take responsibility for his child?
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when you are the mother in a parentage
case it’s a uh it’s a double-sided coin
okay when that child is born
the father has no rights and most people
do not know this that father has zero
rights even if they signed a birth
certificate even if they signed a vep it
actually doesn’t mean anything until
they go to court and are adjudicated the
father what does that mean it means mom
doesn’t have to let him see the child at
all mom doesn’t have to have any contact
with Dad whatsoever nor does the child
what it also means is she’s not going to
get any child support or any help with
the child at all so if it’s the mother
coming to me I said that’s your call
right if they’re like I don’t want him
in my life it was a bad time or
situation or whatever and I you know
I’ll I don’t even want the child support
okay they’re like I need the child
support he’s going to be in the child’s
life you know let’s go ahead and figure
this out then we file what’s called a
petition uh it’s a very long name
petition to establish a father uh child
relationship to set a parenting schedule
and child support and so essentially
what that is is the petition that you
file in parentage court to say hey
you know let’s figure out if Dad is dead
right so there are a couple different
ways to do that it’s the very first step
you take was there a VAP a voluntary
acknowledgment of paternity if there was
most courts depending what county you’re
in most courts will just take that VAP
it Dad is this you yes you’re the dad I
just adjudicated you the father that was
the magic words adjudicated the father
if you do not have a voluntary
acknowledgment of paternity then uh and
if the father is father or mother is
contesting that Dad is Dad then we do a
DNA test right you get the DNA test back
if dad’s dad he has adjudicated the
father once that happens the father is
under an obligation to pay child support
child related expenses half of daycare
Etc on the flip side that parent that
father has every right to ask for
parenting time and to be assigned
decision-making responsibilities at that
point if the parents are not in
agreement they’re first sent to what’s
called mediation that’s where they sit
down with a third party unbiased person
who’s trained as a mediator I’m trained
as a mediator one of my associates is
trained as a mediator and in those uh
moments you try to see if you can reach
an agreement without having to go
further in court
if mediation does not work the judge
will then appoint a guardian ad litem a
gal to investigate us the best interests
of the children the ending of a
parentage case is uh entering what’s
called an allocation judgment
essentially a parenting plan all right
that’s going to set out uh decision
making it’s going to set out
responsibilities and rights of each
parent and then of course the parenting
schedule uh the holiday schedule a break
schedule of the like and that is
basically the life cycle of a parentage
case
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Naperville, IL family law attorney Melissa Kuffel discusses what you can do if your ex-boyfriend won’t take responsibility for his child. She explains that in a parentage case where you are the mother, there are important considerations to keep in mind. Initially, when a child is born, the father has no legal rights. This is often unknown to many people. Even if the father signs the birth certificate or a voluntary acknowledgment of paternity (VAP), these actions do not grant him any rights until he goes to court and is formally adjudicated as the father. This means that the mother is not obligated to allow him to see the child or have any contact with him, and she will not receive any child support or assistance from him.
If a mother seeks my advice, I inform her that the decision is ultimately hers to make. If she does not want the father in her life or doesn’t need child support, that is her choice. However, if she requires child support or if the father wants to be involved in the child’s life, we proceed by filing a petition in parentage court. The petition, with a lengthy name, aims to establish the father-child relationship, create a parenting schedule, and determine child support.
To establish paternity, we first examine if there was a voluntary acknowledgment of paternity (VAP). If such a document exists, many courts, depending on the county, will accept it as sufficient evidence. If there is no voluntary acknowledgment of paternity or if the father contests his paternity, a DNA test may be required. Once paternity is established, the father becomes legally obligated to provide child support and contribute to child-related expenses, such as daycare costs.
On the other hand, the father also has the right to request parenting time and decision-making responsibilities. If the parents do not reach an agreement, they are typically sent to mediation, where a neutral third party, such as a trained mediator, attempts to facilitate a resolution without going to court. If mediation fails, the judge appoints a guardian ad litem (GAL) to investigate and determine the best interests of the children.
The conclusion of a parentage case involves entering an allocation judgment, which essentially becomes the parenting plan. This judgment outlines decision-making responsibilities, rights of each parent, and the parenting schedule, including holiday and break arrangements. This allocation judgment represents the culmination of the parentage case and provides a framework for co-parenting moving forward.
