Why Establishing Paternity of a Newborn Fast is Important

 Posted on January 14, 2025 in Family Law

Finding out that you were going to become a father might have been one of the most exciting moments of your life - and maybe one of the most anxiety-inducing as well. If you are not in a committed relationship with your child’s mother, you will need to create a parenting plan. A parenting plan sets out each parent’s responsibilities and establishes a parenting time schedule. While you cannot actually formalize your parenting plan or start a child custody case until your child is born, you should be prepared to act quickly after your child arrives. This all begins with establishing that you are your child’s legal parent. An experienced Lisle, IL child custody and parentage attorney can help you prepare to protect your rights as a father as soon as you officially become one.

When Paternity Must be Established Immediately 

The sooner you are able to legally establish that you are your child’s father, the better protected you both are. If you and the mother are legally married, paternity is established automatically. Otherwise, you will need to either use a Voluntary Acknowledgement of Paternity or start a paternity case in court. Which route you take depends on whether your baby’s mother is willing to have you declared the father voluntarily.

It is especially important for fathers to act quickly to establish their paternity in cases where: 

• The mother does not want custody - If the mother of your child has told you that she does not want custody of the child and may consider adoption, it is especially important for you to make sure you are listed as the child’s legal father right away. Because fathers cannot always be identified, mothers are considered to have full legal custody at birth. It has happened before that fathers are not made aware of a child’s birth until a child has already been placed with an adoption agency. A father can only prevent this outcome if he is properly legally identified as the baby’s parent. 
• DCFS involvement is likely - While hospitals are no longer required to report it to law enforcement when a newborn tests positive for prenatal drug exposure, many do involve the Department of Children and Family Services. If you suspect that the mother of your child has been using drugs during her pregnancy, it is best to be prepared for this possibility. You should also be prepared to take physical custody of your baby immediately. 
• The mother does not want you involved - If you believe that the mother of your child will try to keep your child away from you, establishing paternity right away is especially important. You will want to be able to show the courts that you have always been an involved and interested parent and that you are trying to create a bond with your child. 

Contact a DuPage County, IL Fathers’ Rights Lawyer 

SpyratosDavis LLC is dedicated to helping expectant co-parents prepare for their child’s arrival. Our compassionate Lisle, IL child custody attorneys will work to have your paternity established as quickly as possible when your child is born. Contact us at 630-810-8881 for a complimentary consultation.