Shawneetown, IL asked in Child Custody and Family Law for Illinois

Q: If the father is not on the birth certificate, does he have any legal rights?

His name is not listed on the certificate and no paternity test was ever done.

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: The father's rights are essentially the same as the mother's right. To establish your rights you'll need to file a parentage action in the local county courthouse. The court can order a DNA test of you, the child, and the mother. If the DNA test proves you are the biological father, the court can issue an order finding that you are the father. If you are found to be the father the court order can also set forth parenting time (formerly called custody) for you and the mother and also set forth how much child support should be paid by one of you to the other. Get a lawyer's help in filing the parentage action.

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