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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Guardian Will Not Permit DNA Test To Establish Paternity

    My question involves guardianship in the State of: ILLINOIS

    When I was 18 or 19 years old I slept with this girl which I thought was also 18, come to find out she was 14 or 15. Back then I was young and dumb so to say not the person I am today. Today I am 31 years old and have 2 kids of my own which I love very dearly. When I was younger I didn't want anything to do with that girl and a child let alone from what I understand it was between me and another guy who might be the father. As growing older and taking care of my kids and also taking care of my brothers child as my own I have grown to love children. I have tried to find the mother many times in last 5 years. I finally contacted her recently and come to find out. I guess her father made her supposedly sign what she thinks is temporary guardianship but she is not even really sure what she signed (cuz she was only 14 or 15) over to her aunt. I guess she already took the test with the other possible father and its came back negative. So hes not the father and I must admit from seeing pictures of the child who is now 11 years old he does look alot like I did as a child and he also resembles my kids. Also I'm told from the mother that her aunt keeps the child away from her too even though shes his biological mother. I'm also told that the child just found out his parents aren't his real mother and father and hes been asking alot of questions about me and who I am. I guess hes really excited and wants to meet me.
    Anyways long story short I have been trying to find him for years and I heard through the grapevine that the aunt would make comments like he has a father already or if he tries to come into his life Ill take him to court for statutory rape. Anyways now that I found the biological mother who stays in Tennessee and the child stays in ILLINOIS with the mothers aunt and uncle. What do I do. I already made an appointment to get a DNA test with all 3 of us. But she called me today and said shes not sure if she could make it because her aunt wont let her take her own child outside the house.
    I just want to do whats rite and step up to the plate should he be my son. I'm not trying to take him from his parents if I'm his father I just want to be in his life. I want to do what ever makes him happy. I grew up with out a father and I don't want that for him. Sorry for long message Ill shorten it up, here are my questions.

    1) This happened 12 years ago can I be taken to court for statutory rape ?

    2) Can the aunt keep his biological mother from seeing her son or from trying to get a DNA test to see if I'm his father ?

    3) Can I be taken to court for child support if I am his father by the aunt even though shes not the biological mother.

    $) On a sidenote does anyone know where I can find help finding my father ? Any websites or personal help ?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,992

    Default Re: Guardian Will Not Permit DNA Test To Establish Paternity

    You need an attorney.

    1) This happened 12 years ago can I be taken to court for statutory rape ?
    I believe the SOL on that has long passed.

    2) Can the aunt keep his biological mother from seeing her son
    Depends on the terms of the guardianship order. Usually the answer is No, unless the parent is unfit or dangerous.

    or from trying to get a DNA test to see if I'm his father ?
    This is why you need a lawyer.

    3) Can I be taken to court for child support if I am his father by the aunt even though shes not the biological mother.
    Yes.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

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