Disestablishment of Paternity in Illinois

The birth of a child is a great milestone in one’s life. Typically, both parents are excited and eager bring their bundle of joy into the world. However, in many cases, there are childbirths that bring about legal affairs, including lack of knowledge of the biological father, or the unwillingness of one to pay child support. There is a possibility that each parent may disestablish paternity if there is belief that the alleged father is not actually the legal parent.

Steps to Disestablish Paternity

A person can disestablish paternity if the Voluntary Acknowledgement of Parentage (VAP) has not been signed, and a Petition to Establish the Non-Existence of a Parent-Child Relationship must be filed in court.

If the VAP has already been signed, then the person requesting disestablishment of paternity can undo the process. However, he or she must sign the Rescission of Voluntary Acknowledgment of Paternity document. In order to go through this process, there must be a witness for the signing, and the document must be sent to the Department of Health and Family Services.

The Rescission of Voluntary Acknowledgment of Paternity form must be submitted to the HFS within 60 days of the signing. If the HFS does not receive the form during this time frame, it is not impossible to undo a VAP. It is, however, extremely difficult.

If the HFS does not receive the form within 60 days, then the person requesting disestablishment of paternity must appear in court and prove fraud.

How to Challenge the VAP

In order to challenge the Voluntary Acknowledgment of Parentage (VAP), the person must have signed the VAP due to fraud. The VAP must also have been signed in the state of Illinois, or the other parent who signed the VAP must live in Illinois. Also, the deadline of 60 days to rescind the VAP must have passed. If all of some of these factors are not true, then challenging the VAP will be very difficult.

In order to complete the form, the requesting parent will need the address of the mother, the dates the VAP and Denial of Parentage were  filed (if applicable), and the reason for the request to undo the VAP, despite having been signed.

Contact Your Wheaton Family Law Attorney

Not every childbirth case is ideal, and in certain instances legal assistance is necessary. In order to assist you with your case, you can always count on the experienced Wheaton family law attorneys at Abear Law Offices. To get started with your case, please call our offices at 630-904-3033 to get the assistance you deserve.