Can I Get a Paternity Order if the Father Doesn’t Cooperate?

 Posted on November 17, 2025 in Paternity

Even when fathers do not willingly participate in their children’s lives, they still have a financial obligation. If the father of your child is not cooperating, you have legal options. Illinois law gives you clear tools to establish paternity even when the father does not respond. You can still protect your child’s rights. Our experienced DuPage County, IL paternity lawyers can offer guidance through the legal process. We protect your rights and advocate for you and your child.

What Does It Mean To "Establish Paternity" in Illinois?

Illinois uses the Parentage Act of 2015 to guide how paternity is established. Parents can sign a Voluntary Acknowledgment of Paternity (VAP), which is a form that confirms the father’s identity. When both parents sign it, the state considers the man the legal father. However, a VAP requires cooperation from both sides. When the father will not sign anything, the next step is usually a court order.

The court can review evidence such as DNA results, hospital records, or sworn statements. Once a judge enters a paternity order, it becomes a legal ruling, officially establishing a parent-child relationship between the father and the child. The father will gain rights similar to yours, such as the ability to ask for parenting time. However, he also gains responsibilities, including financial support and shared decision-making.

Proven paternity benefits the child as well. They will have access to the father’s medical history, insurance coverage, inheritance rights, and financial support. Of course, there are also emotional benefits to paternity as well. A legal father-child relationship can help the child feel connected to both sides of the family.

Can You Start a Paternity Case if the Father Refuses to Sign Anything?

You do not need the father’s signature to begin a paternity case. A mother, a child, or even the Illinois Department of Healthcare and Family Services (HFS) can file a petition for parentage under 750 ILCS 46/601. Starting the case does not require the father’s approval. It only requires filing the right documents with the court. After the case is filed, the court will send official notice to the father. This notice tells him that the case has started and that he must respond.

How Do Illinois Courts Handle a Father Who Will Not Cooperate?

When a father refuses to cooperate, the judge has strong tools to move the case forward. In fact, refusing to participate does not protect him from being legally named the father. It often makes the process faster because the judge can enter a default order when there is no response.

A default order means the judge decides the case based on the information you provided. If you have strong evidence, the court can declare the man the legal father even when he has refused to cooperate throughout the process. This protects your child’s rights and lets you move forward with pursuing child support and other parenting issues.

One of the most common tools is court-ordered DNA testing. Under 750 ILCS 46/610, the court can order genetic testing for the mother, the child, and the alleged father. The test itself is fast and efficient. A simple cheek swab can provide highly accurate results. If the father refuses to take the test, the judge can even treat that refusal as evidence that he is the father. They often look at it as a sign that the father is avoiding confirmation.

Courts are focused on the child’s best interests. They do not allow delays to harm a child who needs support and legal stability. Even when a father does everything he can to avoid the process, the court can still hold him legally and financially responsible.

Can You Get Child Support Before Paternity Is Proven in Illinois?

Usually, the court wants paternity confirmed before ordering child support. This is to prevent mistakes and to protect both parents. Once paternity is established, temporary or permanent support can begin.

According to 750 ILCS 5/505, the court looks at both parents’ incomes, the child’s needs, and the amount of time the child spends with each parent to determine support. It can cover medical insurance, school expenses, daycare, and other essential costs.

Some parents worry that the delay in confirming paternity means they will lose support. That is not true. Support begins once paternity is confirmed. In certain cases, a judge can even order retroactive support for past expenses. Your attorney can help you request that if your circumstances qualify.

How Long Does an Illinois Paternity Case Take When There Is No Cooperation?

The timeline for a paternity case depends on how quickly each step is completed. When the father refuses to participate, some parts move slowly. Other parts may move faster because the court does not need to wait for him to answer.

Some factors that affect how long the case takes include:

• Serving the father with notice and giving him time to respond

• Scheduling DNA testing and waiting for results

• Delays caused by ignored deadlines

• How busy the courthouse is and how long it takes to get hearing dates

Do You Need an Attorney for a Contested Paternity Case in Illinois?

You are not required to hire an attorney. But contested cases, especially those with an uncooperative father, often become complicated. Legal rules, deadlines, and paperwork can overwhelm you if you are not used to the court system. An attorney guides you through these steps and helps you avoid mistakes, and having legal representation helps move the case forward. An attorney can remind the court of missed deadlines, request new dates, and take steps to prevent unnecessary delays.

Paternity cases often lead to questions about parenting time, child support, health insurance, and decision-making rights. Having legal support early ensures that you understand your options and do not miss important opportunities to protect your child.

Contact Our Wheaton, IL Paternity Attorneys Today

At The Stogsdill Law Firm, P.C., we have a reputation built by our successes. Our team brings more than a century of combined experience to every case. This level of experience means you receive knowledgeable support and careful guidance, even in complicated or contested situations. You will have attorneys who understand DNA testing rules, court deadlines, and the procedures needed to establish paternity when a father refuses to participate. Our team takes the time to walk you through each part of the process. Your child’s best interests are our priority.

Call us today at 630-462-9500 to schedule a consultation with our DuPage County, IL paternity lawyers.