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  1. #1
    Join Date
    Dec 2006
    Posts
    1

    Default Seeking to Establish Paternity in Illinois

    I'm seeking to establish paternity and I reside in Illinois. Here are the facts:

    *I was with the child's mother at the time of conception, but I found out that she was sleeping with other men. Upon finding this out, she tells me that she is pregnant and I am the father.

    *When the child was born, I did not sign the birth certificate, nor the Acknowledgement of paternity. The child does not have my last name, but I've discovered that there is an AOP on file with "my" signature.

    *I appeared in court for the child support hearing. I informed the State's Attorney that I would like to have a DNA test done. The officer told me "sure, I'll take care of it". The motion was passed and the mother was awarded child support and there was no mention of the DNA test I'd requested.

    *I've been paying child support for approximately 4 years now. The mother has recently brought my back to court to increase the amount. In the meantime, I've discovered facts that may conclude that I am not the child's father.

    My question is: What can I do to have a DNA test done if the mother is reluctant? Also, it appears that the AOP may have been forged with my signature, what remedies do I have in this case? I am not looking to recoup any paid child support I just want to know if this is my son and if he isn't, I should not be held responsible for supporting him. What can I do?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Seeking to Establish Paternity in Illinois

    Quote Quoting RHar1973
    View Post
    I'm seeking to establish paternity and I reside in Illinois. Here are the facts:

    *I was with the child's mother at the time of conception, but I found out that she was sleeping with other men. Upon finding this out, she tells me that she is pregnant and I am the father.

    *When the child was born, I did not sign the birth certificate, nor the Acknowledgement of paternity. The child does not have my last name, but I've discovered that there is an AOP on file with "my" signature.

    *I appeared in court for the child support hearing. I informed the State's Attorney that I would like to have a DNA test done. The officer told me "sure, I'll take care of it". The motion was passed and the mother was awarded child support and there was no mention of the DNA test I'd requested.

    *I've been paying child support for approximately 4 years now. The mother has recently brought my back to court to increase the amount. In the meantime, I've discovered facts that may conclude that I am not the child's father.

    My question is: What can I do to have a DNA test done if the mother is reluctant? Also, it appears that the AOP may have been forged with my signature, what remedies do I have in this case? I am not looking to recoup any paid child support I just want to know if this is my son and if he isn't, I should not be held responsible for supporting him. What can I do?
    Get a lot of money together and see an attorney. Depending on the "actual knowledge of relevant facts" you may have a case under Illinois statutes 750 ILCS 45/7 (b-5).

    Which states:
    750 ILCS 45/7

    (b‑5) An action to declare the non‑existence of the parent and child relationship may be brought subsequent to an adjudication of paternity in any judgment by the man adjudicated to be the father pursuant to the presumptions in Section 5 of this Act if, as a result of deoxyribonucleic acid (DNA) tests, it is discovered that the man adjudicated to be the father is not the natural father of the child. Actions brought by the adjudicated father shall be brought by verified complaint. If, as a result of the deoxyribonucleic acid (DNA) tests, the plaintiff is determined not to be the father of the child, the adjudication of paternity and any orders regarding custody, visitation, and future payments of support may be vacated.
    This is an informative site that has relevant case law:

    http://www.isba.org/IBJ/sep02lj/p464.htm#34

    I don't know why you waited so long to dispute the "Acknowledgment of Paternity" document.

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