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When is a DNA Test Used in Illinois Paternity Cases?

Posted on in Paternity

st. charles paternity lawyerIn Illinois, there are several different methods through which a man can be legally recognized as a child’s father. For example, when a child’s parents are married at the time of his or her birth, the man is presumed to be the father without any need for further confirmation or legal action. Unmarried parents can also establish parentage through a Voluntary Acknowledgment of Paternity (VAP), which keeps the court’s involvement to a minimum. However, there are cases in which it is important to confirm that a man is, in fact, a child’s biological father, and DNA tests are often used for this purpose.

Genetic Testing for Paternity in Illinois

Genetic testing adds another cost to paternity proceedings, and it also takes time for the results to come back, which can delay the resolution. If you are confident in your child’s parentage, and you and the other parent are in agreement, it may be best to forgo a DNA test. However, genetic testing may be the best approach in any of the following situations:

  • When there is uncertainty regarding the child’s parentage. Perhaps you believe yourself to be a child’s father and you want to sign a VAP, but there is another man who may have a claim of paternity. In this case, it may be in your best interest to voluntarily request genetic testing to protect your rights or contest a competing claim.

  • When a mother wants to secure child support. When a child’s alleged father refuses to voluntarily acknowledge paternity, it can impede a child’s right to child support. In this case, the mother can petition for a paternity order through either the court system or the Illinois Department of Healthcare and Family Services. In either case, the alleged father may be ordered to undergo genetic testing to determine whether a judicial or administrative order of paternity is warranted.

  • When a father wants to secure parental rights. On the other hand, if the mother is attempting to deny the parental rights of a man who believes the child to be his, the man can also initiate the process of establishing paternity by judicial order. In this case, court-ordered genetic testing of the man and the child can serve as important evidence.

When a man is confirmed as the biological father through genetic testing, he will be adjudicated as the child’s legal parent and must contribute to child support. He can also petition for parental responsibilities and parenting time if he wants to exercise these rights.

Contact a Kane County Paternity Lawyer

At Weiler and Lengle, PC, we represent both fathers and mothers in paternity proceedings, and we can help you pursue a court order for genetic testing if it is necessary for the purposes of child support or custody. Contact us today at 630-382-8050 to consult with an experienced St. Charles, IL family law attorney.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

 

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