Looking for affordable legal help, but unsure where to begin? Tap through to see the main parentage problems we can help with. Scroll down to see plan language definitions of important terms.
Establishing Legal Paternity
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Declaring a Parent-Child Relationship Non-Existent
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Definitions
IV-D Program
The IV-D program, otherwise known as child support enforcement services, is a social service program run by the Illinois Department of Family Services (HFS).Parents enrolled in the IV-D program are given free assistance with: establishing a parent's legal paternity, issuing an administrative child support order, and/or enforcing a
A Voluntary Acknowledgement of Parentage (VAP) is a legally-binding document that establishes one's legal parentage for a child.If you are present with the biological mother at the hospital when a child is born, and the two of you are not married, you will generally be given the option of signing a VAP. You may also request to sign a VAP for a chil
Tax exemptions for minor children, otherwise known as dependency exemptions, is a certain amount of income related to the cost of caring for and raising a minor chid(s) that is deducted from one's annual tax payments.If you are the legal parent, or have been allocated parental responsibilities (custody) of a minor child(s) you may be able to claim
Rescinding a Voluntary Acknowledgement of Paternity (VAP)
Rescinding a Voluntary Acknowledgement of Paternity (VAP) is the process through which a previously signed VAP is declared null and void.A VAP can ONLY be rescinded within 60 days of its being signed, OR 60 days after a different court case concerning the child has started, such as child support, allocation of parental responsibilities (custody), o
A presumed parent is the legal parent of a child. In other words, if you are presumed to be the parent of a child, then your legal parentage has been officially established.One is presumed to be the legal parent of a child if either one of the following conditions are met:you are married to or in a civil union with the child's biological mother at
The non-custodial parent is the legal parent of a child, but is NOT their primary caregiver. Instead, the custodial parent is the child's main caregiver and has primary custody. Unless it has been ordered otherwise by a parenting plan, the child's biological mother will typically be their custodial parent.If two parents have joint-custody, both par
Gestational surrogacy is the process through which a woman carries and gives birth to a child that was conceived through in vitro fertilization, with the intent to place said child in the care of another parent, referred to as the intended parent. In order to have a valid gestational surrogacy agreement, the intended parent must have made a geneti
The Illinois Department of Healthcare and Family Services (HFS) is an administrative agency with two primary functions: Providing Medicaid coverage to those who qualify; and Child support enforcement services through their IV-D program Enrolling in the IV-D program gives HFS the right to establish legal parentage, as well as enter and enforce an
A denial of parentage is a written document that is signed by the parent that was married to or in a civil union with the child's biological mother within 300 days of that child's birth. This parent is otherwise known as the presumed parent. By signing a denial of parentage, the presumed parent swears they are NOT the child's biological parent. An
Declaring the Non-Existence of a Parent-Child Relationship
Declaring the non-existence of a parent-child relationship means that a child's legal parent is NO LONGER recognized as that child's legal parent. This can be made based on the results of DNA testing or by acquiring knowledge of the relevant facts of the situation, but ONLY IF it has been less than TWO (2) YEARS since the petitioner to the declarat
DNA (genetic) testing can determine if there a parent-child relationship exists between an adult and a child. In a paternity (parentage) court case, a judge may order that an alleged parent of the child agree to DNA testing. The results of the DNA test may be used to establish legal parentage, or to declare the non-existence of a parent-child rela
Challenging a Voluntary Acknowledgement or Denial of Parentage
A signed Voluntary Acknowledgement of Paternity (VAP) or denial of parentage can only be challenged within TWO (2) YEARS of its being signed on one of the following bases: one was pressured into signing, or otherwise forced to sign the VAP or denial against one's will the VAP or denial of parentage was fraudulently signed; OR the VAP or denial was
The legal parent is a person that has a legally established parent-child relationship with a child. If you are the legal parent of a child, your name likely will or otherwise can be placed on that child's birth certificate. A child's legal parent is allowed to do the following: make or receive child support payments, depending on their relationsh
An adjudication of parentage refers to a court order (or a legally equivalent administrative order) that establishes a parent-child relationship between the adjudicated parent and a child. A judge or the Department of Family Services (HFS) may adjudicate parentage on the basis of DNA testing, or because of the relevant facts of the situation. Pare
The custodial parent is the legal parent of a child that is primarily responsible for the caretaking functions for a child. In other words, a custodial parent is the child's main caregiver. If the child has another other legal parent in addition to their custodial parent, that other parent would be the child's non-custodial parent. A person can bec