Illinois Paternity Court Resources:
Information about the Illinois Paternity Court
In order to establish paternity for legal, financial, inheritance or custody support it is necessary for paternity to be established in a court of law. Within the state of Illinois paternity cases are started within the county that the child currently resides. The court will then order paternity tests in order to evaluate parental claims as well as take petitions from those wishing to seek voluntary admission of parentage.
Paternity cases are often used in the process of collecting child support from the father. In these cases the father does not live with the mother or child and is not currently looking after the well-being of the child. Under state law, the biological father of the child must provide for the support of the child, regardless of relationship status with the mother. Not only does establishing paternity bring about financial support, but it also entitles the child to insurance benefits (through the father's workplace), inheritance rights and social security benefit entitlements.
Cases that go before an Illinois court for paternity must be petitioned by a lawyer on behalf of the mother and child. The cases can either be contested (suspected father claims he is not the father) or uncontested (father freely admits his role). Depending on which situation comes before the court either a DNA paternity test will be ordered or other support documentation will be taken into evidence for paternity. Most uncontested cases will not have a paternity test performed if enough evidence is provided that proves fatherhood of the child.
So why not require a paternity test even for uncontested cases? For the most part it is to help bring closure and do what is best for the child. While a DNA test could prove conclusively one way or the other, the court usually feels that as long as there is enough evidence via other means that it is not necessary. While this may allow some cases to go through with misattributed fatherhood, the chances of that are slimmer than the emotional rollercoaster that might follow both parties otherwise.
Unlike other courts, the results of the paternity court cases are not appealed or overturned. Basically this is because it would not make sense – especially in a situation where DNA proves or disproved paternity. You cannot argue with science.