What Do I Do if My Baby’s Father Refuses to Establish Paternity?

 Posted on January 21, 2025 in Family Law

In Illinois, when a married couple has a baby, they are automatically recognized by the state as the baby’s parents. If the couple is unmarried but both parents want the father to maintain a relationship with the child, the process of establishing his paternity is fairly clear-cut; He can sign a Voluntary Acknowledgement of Paternity, which will have him listed on the baby’s birth certificate as the father and entitled to parental rights and responsibilities. 

When the parents are not married and the father denies his role in the child’s life, establishing paternity becomes more complicated, with legal procedures required to address it. If you want your baby’s father to play a role and he refuses to acknowledge that he is the father, speak with a qualified Illinois family law attorney to understand your options. 

How Do You Establish an Unwilling Father’s Paternity?

When a father denies his relationship with his child, there are options available for a mother who wants to establish his paternity. The first step is petitioning the court to rule on your child’s parentage. You need to provide various details, including:

• The father’s name, age, address, and occupation

• All addresses where your child has lived over the preceding five years

• Whether there is anyone else with claimed rights to make decisions for the child

• Whether the child or either parent is involved in any other court cases

You also need to serve a copy of this petition to the father.

Next, the court will inform you and the father of the date you are expected to appear. Several scenarios might happen at your court hearing:

The Father Appears in Court and Agrees With You

This is the simplest option. Even if a father initially does not want to be acknowledged, he might change his mind by the time his court date arrives. If he decides to establish his paternity, the judge can sign an Order for Parentage and Allocation of Parental Responsibilities, and each parent should keep a copy of it.

The Father Does Not Appear in Court

The judge can rule that he is the father "in default" or might schedule another court date for you to submit your order, in which case you need to fill out a Notice of Hearing and send a copy to the father. If he does not appear on the next court date, the judge might ask you questions under oath and can grant your request and sign your Order for Parentage and Allocation of Parental Responsibilities. Keep a copy for yourself, send one to the father, and file a Proof of Delivery with the circuit clerk.

The Father Appears in Court and Denies That He Is the Father

When this happens, the judge can order DNA testing. Once the court receives the results, the judge will schedule another date for a court hearing.

The Father Appears in Court, Admits Paternity, but Disagrees With Your Suggested Allocation of Parental Responsibilities

In a contested case like this, the judge might order you and the father to attend mediation. You will be given another court date and, if by then, you still have not reached an agreement, your case may be moved to a trial. A Guardian ad Litem (GAL) might be appointed to your case to represent your child’s best interests in court. During the trial, the court will examine the facts of the case, the GAL’s findings, and any other relevant information that can help decide what type of parenting plan would best serve the child’s interests.

Schedule a Free Consultation with a Chicago, IL Family Law Attorney

It can be overwhelming and disheartening trying to convince your baby’s father to acknowledge his role and take responsibility for the child you had together. At The Law Office of George J. Skuros, we have experience helping families in similar situations. Let our Cook County, IL paternity lawyer handle these legal matters while you focus on you and your child. Call us at 312-884-1222 to schedule a free consultation.