Is proof of paternity necessary to file for child custody?

In Illinois, proof of paternity is not necessary in order to file for child custody. According to the Illinois Compiled Statutes, when two people are married, the husband is automatically presumed to be the legal father of any child born during the marriage. Parents who are not married at the time of the child’s birth must take additional steps in order to establish paternity. If the unmarried parents of a child or the mother and the presumed father agree that the father is the legal parent, they can sign an Acknowledgment of Paternity. This document can be signed at the hospital when the child is born, and it allows the father to establish paternity without the need for a court order. If the parents cannot agree on who the father is, one of them can file a petition in court to establish paternity. In either situation, once paternity is established, either parent can file a petition for child custody or parenting time with the court. The court may order genetic testing if there is a dispute, but it is not necessary in order to file for custody. It is important to note that even if paternity has not been legally established, the law is designed to protect the rights of both the child and the parents. Therefore, if a father can demonstrate that he is the biological parent of the child and has an established relationship with the child, the court may still grant him parental rights.

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Is proof of paternity necessary to file for child custody?

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