Can I Prove Who My Child’s Father Is If He Refuses a Paternity Test?

 Posted on August 12, 2020 in Family Law

Legally recognizing your child’s father is important to everyone involved. The father deserves to know that he has a child, the child has a right to know his or her father, and the mother is warranted financial support that the father can provide her. The process of legally recognizing who is your child’s biological father is known as establishing paternity. In some cases, it can be difficult for a single mother to want to legally recognize paternity since it can also give the father parental rights. However, the financial benefits that the child is owed from his or her father can often outweigh this concern. For men who mothers believe may be the alleged father of their child can also be wary of finding out their biological connection to this child. Luckily, there are a few ways that one can prove paternity, and even if the man does not want to cooperate with your requests, you can enforce your petition to establish paternity.

Ways to Prove Paternity

There are three ways that a person can prove paternity according to Illinois law. The easiest, most common way to prove paternity is through a Voluntary Acknowledgment of Paternity (VAP). If both the mother and alleged father recognize that he is the child’s biological father, both parents can complete and sign a VAP form witnessed and filed with the Department of Healthcare and Family Services (HFS).

An Administrative Paternity Order can also be established and entered by HFS, rather than signing the VAP. In some cases, proving paternity is not so easy or willing by both parents. In cases like these, the court can take action to require both the mother and the father to submit to a DNA test. This is known as an Order of Paternity.

The DNA paternity test requires the mother, father, and child to submit a cheek swab or blood test to compare the child’s DNA to each parent’s DNA samples.

What If the Father Refuses to Take the Test?

Since paternity tests can be court-ordered, refusing to submit to the test is considered a criminal offense. The alleged father would be held in "contempt of court" until he submits to the requested testing. This can lead to criminal charges being filed against the man and he may also be fined. In some cases, the court may simply make a judgment against the alleged father, requiring him to pay child support, even without the biological proof of his connection to the child.

Contact a Kane County Family Law Attorney

Legal recognition of your child’s father is important for a number of emotional and financial reasons. Unfortunately, not all fathers wish to know their child and they may avoid your requests for a paternity test to continue doing so. McSwain Rapp Law, LLC will help families fight for their rights, including mothers or children looking for their father. With over 12 years of experience, our legal team has helped numerous families come together and we are well-prepared to take on your case. For help establishing paternity, call our skilled Geneva, IL family lawyers today at 630-581-2877 to schedule a free consultation.

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

https://dnatesting.com/legal-refuse-paternity-test/