Anderson & Boback Logo

Is My Ex Entitled to a DNA Test?

Published
Categorized as Paternity

This is a common question asked by many mothers who get served with a motion for DNA test by their ex.  The first reaction may be shock, which shortly turns into anger and disbelief at the implication that the mother was likely sleeping around with someone else at the time the child was conceived.  It is a similar reaction as to when a father is asking for custody/parenting time of your child even though only 9 months earlier he was asking for an abortion.

 

Whatever the practical and emotional aspect of such an implication may be, the reality is that if there is no Voluntary Acknowledgment of Paternity signed by the father or a divorce decree, the alleged father will be granted a request for a DNA test if he asks for it.  The father may just agree to forego a DNA test, but absent an agreement, he is entitled to a DNA test to prove that he is the father.  Similarly, a DNA test will also bring the mother peace of mind and the father will not hold the likelihood of him not being the father of the child over her head for the next 18 years or more.

 

If, however, the father signed a Voluntary Acknowledgment of Paternity at the hospital and his name appears on the birth certificate, a request for a DNA test will likely be denied as he has already admitted that he is the father.  There are some exceptions, such as if he files a Motion to Vacate the Voluntary Acknowledgment of Paternity within 60 days, or if he can somehow prove that he was fraudulently induced into signing the Voluntary Acknowledgment of Paternity.  Other than these two options, if the father finds out by other means that he is not the father, he is not likely to get out of the admission that he is the legal father of the child and obligated to pay child support.

 

The other avenue by which a DNA test will be denied is if the parties were married and divorced, and in the divorce, both the mother and father admitted that the child was born to them.  The courts have come to find that a Judgment for Dissolution of Marriage that incorporates this statement is an admission and serves as a Voluntary Acknowledgment of Paternity.  As such, if you have doubts that a child born within your marriage is not yours, you may request a DNA test up until the point where a Judgment for Dissolution of Marriage is entered.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870