Child Custody and Paternity

[wahreliebe09]

My question involves paternity law for the State of: Illinois

I have a 4 month old child. At the time of conception I was currently married but then got divorced before the child was born. I know that my ex husband is not the biological father but he is on the birth certificate and has signed the acknowledgement of paternity form. The biological father left when I found out I was pregnant and is now trying to put an order of protection on me for him losing his job (which was not my fault at all). and I believe he is going to try to fight for visitation. The reason I do not want him around my child is cause he has two previous police reports about molesting children. One of which is very graphic that his step daughter filed against him. This case was dismissed cause she plead the fifth. He barely sees his other two children from his wife because of this police report and the other police report was dropped.
My questions are. If he takes me to court can I sub peoned his step daughter and wife (the people who filed the first report) and if so can she plead the fifth again since this would be a civil case not a criminal case?
Two since my ex husband is on the birth certificate and acknowledges the child as his own can the biological father file for a DNA test without me and my ex husband signing a denial of paternity?
Thanks in advance

[aardvarc]

Yes, the father can request that a court order paternity testing. If he is established as the father, you can expect that he'll be getting both visitation and a child support order. Two previous reports against him for molesting children didn't stop you from creating a child with him (which the court will find VERY suspect and bring YOUR OWN judgement into question), and won't stop a court from recognizing his right to get to know his children (particularly since there wasn't a conviction). Bringing up the prior accusations MAY have the effect of the court ordering that his visitation with the child be supervised, and it might not. You can ask those witnesses to appear, but to my knowledge cannot force them to - and again, as there was no conviction, this isn't going to carry the weight you want it to. The only REAL solution to not having undesireable persons around "your" children is to NOT have children with persons with undesireable qualities or behaviors. If you found them good enough, a court will too, absent CONVICTIONS or other MAJOR extenuating circumstances.