Legal Question in Family Law in Illinois

Paternity Tests on Unwilling Family

I recently got married to my husband who's having a dispute with his ex-girlfriend, who recently had a baby (2 months ago) which she's claiming his. The ex is only 16 so everything needs to be relayed to us by her mother, who is completely irrational and won't allow us to get a paternity test. My husband is currently in Army training so he is in South Carolina. He would like to start paying child support even though he is unsure that the baby is his, and then said that he'll deal with the paternity test later. I told him not to start support until the paternity test is complete and she is proven his. Is there a way that I can make a paternity test manditory and would they go down to SC to get it from him? Or do we have to wait for the mother to come to her senses and grant us one? And since the odds of that happening are slim, do we have to wait until the ex is 18, which then the baby will be 2, until we can get a test done? Also, one of the reasons why my husband wants to start support now is because if the baby is his, he wants to fight for custody when he's finished with training (which will be in a year and a half). He thinks that by paying when he's not ordered to, it'll look good in the eyes of the court, is that good to do?


Asked on 1/13/06, 5:45 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Paternity Tests on Unwilling Family

It's very simple. File a lawsuit to determine parentage and the judge will order a DNA test. If he starts paying child support now he's admitting the child is his. Later if you learn that the child is not his, he'll have a hard time because he's already admitted paternity. Even if a judge ordered that he no longer had to pay child support he won't get a refund. Tell him to put 20% of his check in a savings account if he thinks he may be the Dad. Then he'll have the money to pay back support. As far as custody is concerned, tell him it's very difficult to gain custody unless he can show that the child is in danger in her custody, or that she's an unfit mother. Please call for an appointment.

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Answered on 1/16/06, 2:58 pm


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