Legal Question in Family Law in Illinois
vistation rights of a father
my child father name is not on her birth certificate, however he has a dna test which states that he is the biological father 99.99%. will the courts grant him visitation rights with the test alone or do his name need to be on the birth certificate also.
1 Answer from Attorneys
Re: vistation rights of a father
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If the father of the child wanted to obtain visitation rights, he will need to petition the court for that. It's basically a two-step process. The father would have to (1) establish paternity; and then (2) petition the court for visitation. Visitation is not necessarily automatically granted to the presumed father. The father, if not married, will need to establish paternity by either voluntary acknowledgment or by petitioning the court to establish paternity (the court usually does this by court ordered DNA testing). Once the father proves paternity, he can then petition the court for visitation.
The above is basically a nutshell. Hopefully this will help. If you want, please feel free to contact me directly at [email protected].
Good luck.