Paternity Question

[Heidijo69]

What is the name of your state? Illinois

Situation: Mother and Father of child are not married. Can Father have a paternity test done on child without knowledge or consent from mother? What rights does the father have without the courts involvement?

 

[Neal1421]

What is the name of your state? Illinois

Situation: Mother and Father of child are not married. Can Father have a paternity test done on child without knowledge or consent from mother? What rights does the father have without the courts involvement?

He has no rights without the courts' involvment. He will need to petition the court for a DNA test of the child and when the court orders the test the mother will not have to consent.

 

[Shawna]

He has no rights without the courts' involvment. He will need to petition the court for a DNA test of the child and when the court orders the test the mother will not have to consent.

Why wouldn't he be able to get a test on his own without going through the courts first?

 

[fairisfair]

because legally, it wouldn't prove anything. And because it would be like me coming over to your house and taking one of your kids in for a paternity test. I would have no legal right to do that, and neither does he.

 

[Shawna]

because legally, it wouldn't prove anything. And because it would be like me coming over to your house and taking one of your kids in for a paternity test. I would have no legal right to do that, and neither does he.

It seems that the mother is allowing the "Father" to spend time with the child, how else would he go take a paternity test with the child. Besides that what if the mother is just being a jerk and trying to extort money out of the poor guy knowing that he possibly isn't the father. I know a girl who kept saying a guy was the father but every time he asked for a paternity test she would hang up on him and disappear. Then when he joined the army she wanted the military benefits but didn't want to take the chance of him taking the little girl for a paternity test. I think that if he's around the child and being the "daddy" he should have the right to do a paternity test. Nevermind the fact that he is supposed to have the same rights as the mother until a court says differently (atleast that's how I thought it was).

 

[Silverplum]

It seems that the mother is allowing the "Father" to spend time with the child, how else would he go take a paternity test with the child. Besides that what if the mother is just being a jerk and trying to extort money out of the poor guy knowing that he possibly isn't the father. I know a girl who kept saying a guy was the father but every time he asked for a paternity test she would hang up on him and disappear. Then when he joined the army she wanted the military benefits but didn't want to take the chance of him taking the little girl for a paternity test. I think that if he's around the child and being the "daddy" he should have the right to do a paternity test. Nevermind the fact that he is supposed to have the same rights as the mother until a court says differently (atleast that's how I thought it was).

sigh**************....
Shawna. You don't know. So don't blather pointlessly. This is not a site for "maybe" and "I think." People come here desperate for accurate legal info. What you're giving them is blather, not law, not help.

 

[fairisfair]

It seems that the mother is allowing the "Father" to spend time with the child, how else would he go take a paternity test with the child. Besides that what if the mother is just being a jerk and trying to extort money out of the poor guy knowing that he possibly isn't the father. I know a girl who kept saying a guy was the father but every time he asked for a paternity test she would hang up on him and disappear. Then when he joined the army she wanted the military benefits but didn't want to take the chance of him taking the little girl for a paternity test. I think that if he's around the child and being the "daddy" he should have the right to do a paternity test. Nevermind the fact that he is supposed to have the same rights as the mother until a court says differently (atleast that's how I thought it was).

He does have the right to a paternity test, THROUGH THE COURT, he does not have the right to perform the test himself. Think all you want, just please don't share incorrect information.

 

[Shawna]

sigh**************....
Shawna. You don't know. So don't blather pointlessly. This is not a site for "maybe" and "I think." People come here desperate for accurate legal info. What you're giving them is blather, not law, not help.

I was asking a question because I don't understand how he wouldn't be able to do it.

 

[Silverplum]

I was asking a question because I don't understand how he wouldn't be able to do it.

You asked in Post 3, and were answered in Post 4. Your further speculations were the pointless blather to which I referred.

 

[Shawna]

He does have the right to a paternity test, THROUGH THE COURT, he does not have the right to perform the test himself. Think all you want, just please don't share incorrect information.

So it's incorrect that he has the same rights as the mother? I put "atleast that's what I thought", I wasn't stating it as fact.

 

[Shawna]

You asked in Post 3, and were answered in Post 4. Your further speculations were the pointless blather to which I referred.

Ok whatever. It was based on my question in post 3.

 

[fairisfair]

I was asking a question because I don't understand how he wouldn't be able to do it.

besides which, the question is not "how he wouldn't be able to do it" the question is:

is it legal

 

[Silverplum]

So it's incorrect that he has the same rights as the mother? I put "atleast that's what I thought", I wasn't stating it as fact.

No, he does not. At least, the father who is the subject of this post does not. The fine point of it is that the parents were unmarried. That makes all the difference for Dad.

 

[fairisfair]

So it's incorrect that he has the same rights as the mother? I put "atleast that's what I thought", I wasn't stating it as fact.

Yes, your idea that he has the same rights as the mother, are in this case incorrect, he is not the legal father of this child until he has established paternity, legally, through a court ordered DNA test. Until then, he is a legal stranger to the child, no different basically than you or I.

 

[ILOVEMYGSM3]

there are dna testing facilities

who can and will provide court approved documents with results of an "at home" dna test...and it even asks you to specify the state so the facility can follow procedure(send copy to state, mother, etc)...google it...my roomate had 1 done on his nephew, b/c at a young age, he had a girlfriend that was sleeping with him and his brother...to this day, only me, his brother, and his mother know about the test...and his brother did 1 on the same child, and it was not court ordered, and the courts allowed the papers, b/c the facility had followed the proper procedures