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Contesting presumed paternity

In Indiana, simply being married can establish the legal paternity of a child. According to the Illinois General Assembly, a man is assumed to be the father of any child born during his marriage or within 300 days of the end of his marriage. Even if the marriage is later deemed invalid, the paternity still stands. In some situations, parents may know the mother’s husband or ex-husband is not the father of the child. They may then wish to have the assumption of paternity voided. This presumed paternity can be challenged or made invalid in a couple ways.

First, it can be done through the court system by filing a complaint. The mother, presumed father or the child may file this complaint stating the paternity is not valid. This claim must be made within two years of the knowledge that the paternity is incorrect. Typically, the court will request a DNA test to be done. If the test shows the presumed father is not the biological father, then all responsibilities he has been ordered with, such as child support, can be voided, along with the presumption that he is the father.

If the mother knows who the biological father is and the presumed father, biological father and she can agree upon a change in paternity, they may file Forms 3416d and 3416b, according to the Illinois Department of Human Services. These forms are signed and filed with the Division of Child Support Enforcement. Both forms must be signed and witnessed to complete the change in paternity for a child.

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