Parentage
Parentage refers to cases which will proceed between parents with a child/children in common, however, they were never married. In Parentage cases, the court must still determine how decisions will be made for the child/children moving forward and a parenting schedule for when each parent will spend time with the child. Additionally, child support can be established in a Parentage case as well.
In order for the Court to determine that the parents are legally obligated to the child, generally the Court must make a legal finding as to the parents of the child. This can be accomplished after DNA testing is completed or without DNA testing if a Voluntary Acknowledgement of Paternity was executed at the time of the child’s birth. This is an important step in establishing rights as a parent. Once that determination has been made, the Court will in general determine what is in the child’s best interests. Similar to the process for divorcing couples, there are various steps that the Court can and will take to get to a resolution.
If child support will also be an issue, the same income shares approach applies in parentage cases. The income shares approach means that both parents’ incomes are used to determine whether a child support award is proper. Additionally, Illinois has provided that if a parent is not the primary parent, however, still has been awarded at least 40% of the parenting time, a separate child support calculation is appropriate. This calculation results in lower support payments under this approach.
Any case involving children comes with stress given the importance of family. Knowing what to expect and what the Court is looking for is of utmost importance in parentage cases.
In order for the Court to determine that the parents are legally obligated to the child, generally the Court must make a legal finding as to the parents of the child. This can be accomplished after DNA testing is completed or without DNA testing if a Voluntary Acknowledgement of Paternity was executed at the time of the child’s birth. This is an important step in establishing rights as a parent. Once that determination has been made, the Court will in general determine what is in the child’s best interests. Similar to the process for divorcing couples, there are various steps that the Court can and will take to get to a resolution.
If child support will also be an issue, the same income shares approach applies in parentage cases. The income shares approach means that both parents’ incomes are used to determine whether a child support award is proper. Additionally, Illinois has provided that if a parent is not the primary parent, however, still has been awarded at least 40% of the parenting time, a separate child support calculation is appropriate. This calculation results in lower support payments under this approach.
Any case involving children comes with stress given the importance of family. Knowing what to expect and what the Court is looking for is of utmost importance in parentage cases.