QUESTION
How do I get a state or court ordered paternity test even though VAP was signed?
Asked on Apr 16th, 2015 on Child Custody - Illinois
More details to this question:
The judge refused my request for a paternity test for my 8 month old. The father, by signing the VAP, lives in another state. When the father signed the VAP, he knew there was a possibility my son may not be his. We were starting our family at that point. Now, he has walked out on my son, and I need to know who the biological father of my son is. I'm not trying to terminate any parental rights. I need to know so my son knows. It is in his best interest, as I do not want my son to ask about his father, then his father tells him he isn't his; also for medical history reasons. Is there anything I can do? I just wrote a letter to the other possible biological father asking him if he can go to a judge and request a court ordered DNA test. Please help.
1 ANSWER
No court will order a DNA test. When you asked someone to sign a VAP you represented to him and to the State that he was the father. Under the law,actions have consequences. If you were not sure he was the father, you could have asked for a DNA test then. You signed a paper under oath stating that he is Dad. But nothing prevents you and anyone else from having a DNA test done outside of court. It will have no legal effect, but may answer your question.
Answered on Apr 17th, 2015 at 8:32 PM