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The Importance of Establishing Paternity

By Leslie Fineberg on April 8, 2014

Establishing paternity is important for establishing a legal relationship between a father and a child. In Illinois, if a child is born to a couple that is married, it is presumed that the husband is the legal parent of the child.

If a couple is unmarried at the time of a birth, then the father is considered “the alleged father” and is not considered the legal father until certain steps are taken. His name cannot be added to the birth certificate until paternity is legally established.

In Illinois there are three ways to establish paternity:

  • Both parents complete, sign and have witnessed a Voluntary Acknowledgement of Paternity (VAP) form;
  • The State of Illinois’ Department of Healthcare and Family Services enters an Administrative Paternity Order; or
  • A judge enters an Order of Paternity in court.

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Posted in: Paternity

New Fathers Turning Down Paternity Leave

By Leslie Fineberg on June 20, 2013

Illinois Family LawMore and more companies are allowing new fathers time away from work to help care for newborns, but many are turning down the offer because they are afraid of losing status at work or losing face in light of traditional stereotypes that still exist. As reported in The Wall Street Journal, companies are catching on to paternity leave, but dads? Not to the same degree.

In countries such as Portugal and Sweden, paternity leave has been made mandatory. In America, paternity leave remains brief if taken at all. According to a 2011 Boston College Center for Work and Family study of employees at four Fortune 500 companies, 85 percent of new fathers do take some time off after the birth of a child. The majority, however, take no more than a week or so.

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Salma Hayek’s Husband Sued for $46,000 a Month in Child Support

By Nottage and Ward on August 15, 2011

According to The International Business Times, supermodel Linda Evangelista recently announced that billionaire Francois-Henri Pinault, husband of actress Salma Hayek, is the father of her 4-year-old son. Now, she is suing him for about $46,000 per month in child support, which is estimated to be the largest support order in the history of the Manhattan family court. Pinault is estimated to be worth over $11 billion.

Pinault has a 3-year-old daughter with Hayek as well as two other children from a previous marriage. Allegedly, Evangelista’s son was conceived in 2006 during Pineault and Hayek’s brief separation period.

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Arnold Schwarzenegger, Maria Shriver Separation Raises Paternity Questions of Child

By Nottage and Ward on June 3, 2011

Arnold Schwarzenegger and Maria Shriver recently announced they were separating after 25 years of marriage, according to The Huffington Post. Their announcement was soon followed by a public admission by Schwarzenegger that he had fathered a child with a former staff member over 10 years ago.

Several questions have been raised, including whether the couple will divorce and whether a pre-nuptial agreement was signed. One of the biggest questions that has arisen is the question of the child’s paternity. The estranged husband of the woman who has been identified as the mother of Schwarzenegger’s alleged son has said he only learned recently that he was not the biological father of the boy. Many news outlets have reported that a DNA test was performed secretly a decade ago to conclude whether Schwarzenegger was the child’s father. Official details have not yet been released.

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Federal Judge Orders Paternity Requirement Improvements

By Nottage and Ward on February 2, 2011

On Thursday, January 27, a federal judge ordered Indiana officials to stop refusing parents who are not married an easy way to identify a child’s legal father if one or both parents don’t have a Social Security number, IndyStar.com reports.

The ruling stems from a lawsuit against the Indiana State Department of Health by families whose immigration status restricts them from obtaining a Social Security number. Specifically, the lawsuit challenges the constitutionality of how paternity affidavits are issued, which are forms that unmarried parents can fill out to establish a child’s legal father. According to an attorney representing the families, the policy harms both legal and illegal residents, since many people who are in the U.S. legally can’t obtain Social Security numbers with certain kinds of visas.

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