paternity test

[leigh22]

Hi

Here is the situation. My husband has another girl by one of his ex-girlfriends. We are not completely sure that she is his daughter, but when he went in for the child support payments his ex and the Public Aid worker scared him by telling him that if he got a DNa test and it came back positive that he would have to pay around $800 for it. Needless to say, he skipped the test and started making payments. It has since been 4 years and the girl in question is 5 years old. She has no clue who her father is and he never sees her(except christmas) Since child support was set up by the department of Public Aid there was no visitation rights established. We would like to do a DNA test to be sure that she IS his daughter but are wondering what legal rights we would have if it happened that she was not his child. Any advise would be appreciated. Thank you. I am in Illinois.

P.S. I would also like to know approx. what a DNA test would cost.

 

[LegalBeagle]

I would also like to know approx. what a DNA test would cost.

So, he turned down a DNA test for $800 and instead decided to commit to paying CS for the next 18 years ? For arguements sake lets say $200 a month.. that equals approx $43k.. I wonder if he is my accountant ? cos that would explain alot.

 

[usmcfamily]

Okay....first of all, to repeat what the Beagle had to say -- doens't really add up when you think about it so maybe his doubts weren't that strong? Regardless of if it cost $800 or $225 (from my own experience in ID)....it seems a lot cheaper than paying support for 18 years.
But that is neither here nor there as that opportunity has already passed -- by not asking for the DNA test and assuming child support payments your man has presented himself as this childs father. In most cases (remember it varies by state etc...) a person will have a two year window in which to contest paterninty -- this has already passed and so essentiall so has your man's chance of changing anything. Most we can hope for is that there has been a math lesson learned here and he can avoid such costly (especially emotionally) mistakes in the future.
As to his lack of an emotional bond/relationship with his child -- no one to blame there but himself. As the childs father it is his responsibility to pursue that relationship -- that means filing a petition for visitation with his child. As he has been paying his support so faithfully he stands a very good chance of being awarded visitation rights -- and since he will have to continue to pay support why not at least get to know the child??
Before we hear the "but lawyers are expensive" -- let me remind you that most offer free initial consultations, you can file without a lawyer (either complete the papers himself or pay a paralegal to be sure it is done right), some attorneys will work on payment plans with you. If he is interested in being a part of the childs life there is no time like the present to get the ball rolling....