Establishing Paternity Provides Legal Parental Rights

A father's rights are something society too often tends to overlook. We often go above and beyond to ensure that a mother's rights are being met, yet we overlook the importance of the roll of the father.

In the state of Illinois, simply being the unwed father of a child is not enough to be legally recognized as the child's father. A father in this instance is known as the ‘putative father.' They are the probable biological father who is not married to the biological mother before the child is born and has not established the fact that he is the father in a court proceeding.

A putative father has no rights regarding the child until paternity is confirmed, which is why establishing paternity in this situation is of the utmost importance. For instance, the mother of the child is able to place the child for adoption without the notification or consent of the putative father. By not establishing paternity the courts are able to rule that you have permanently waived your parental rights. However, once paternity is established, the father has the same parental and legal rights as a divorced or married father.

The following are several reasons to pursue a paternity test in DuPage, Will Kane, and Cook counties:

• Sustain a legal father-child relationship.
• Add the father's name to the birth certificate.
• Protect the parental rights.
• Enable access to family medical information.
• Secure the child's benefits such as financial and medical support, Social Security, veteran's benefits and inheritance.
• Keep the child from leaving to a distant state to live.

Secure your parental rights with your child. Contact Attorney Vincent Ruggiero at 630-654-0044 or at ruggierofamilylaw.com for more in-depth information regarding paternity tests in DuPage, Will, Kane, and Cook Counties. 

What Are The Grounds For Divorce In Will, Kane, DuPage, and Cook Counties?

In Illinois a party needs to prove one of several grounds or that the spouses have irreconcilable differences, subject to certain terms and conditions, in order to enable a judge to dissolve the bonds of marriage.

The more common types of grounds are (i) extreme and repeated acts of mental or physical cruelty (ii) adultery (iii) habitual (over two years) drunkenness (iv) excessive controlled substance (drug) use (v) desertion (over one year) and (vi) commission of a felony.

However, if both spouses agree that (i) their marriage has irretrievably broken down because of irreconcilable differences (ii) past attempts to reconcile their marriage have failed (iii) future attempts to reconcile would be impractical and (iv) they have lived separate and apart for the immediate past six months or more, then they may divorce based on irreconcilable differences. If only one spouse agrees that the parties' differences are irreconcilable, then the parties must live separate and apart continuously for two years. "Separate and apart" does not necessarily mean under separate roofs. It is possible to live separate and apart under the same roof where the spouses no longer hold themselves out as a married couple (e.g. he does not cook for her, she does not do laundry for him, they do not spend vacations or holidays together, and their sexual relationship has ended, etc.).

There is really no economic advantage to alleging a particular type of ground, and typically no reason to make a public record of a private act that is not criminal. Therefore, irreconcilable differences is the most common reason alleged in a divorce case.

Contact Attorney Vincent Ruggiero at 630-654-0044 or at ruggierofamilylaw.com for more in-depth information regarding divorce in DuPage, Will, Kane, and Cook Counties.