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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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In Illinois an unmarried couple seperates in January. They

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In Illinois an unmarried couple seperates in January. They have an 18 month old daughter. Both mother and father signed an Illinois Voluntary Admission of Paternity form in hospital when daughter was born. Since seperation father has had daughter every weekend and has paid twice the legal amount of child support. 3 weeks ago mother severed all visitation and communication with father. Father petitioning for joint custody. Does Admission of Paternity establish father as legal father to judge or can mother request a DNA test? Would this just be a legal manuever to forestall father's visitation rights with father since there has never been any question as to fatherhood? Even though mother had no legal obligation to allow visitation for father with daughter will judge address this severance and possibly ask why? Especially if father has been in child's life and has been acting as a father and previous arrangement had been good?
Submitted: 7 years ago.
Category: Family Law
Expert:  lwpat replied 7 years ago.
the mother can request a DNA test. A judge does not like it when one parent withholds visitation from the other parent.
Customer: replied 7 years ago.
If the mother can request a DNA test then what is the point of the Paternity Admission form especially when the mother signs it also?
Expert:  lwpat replied 7 years ago.
That establishes the legal father until proved differently. Either parent can demand a DNA test through the court system. The admission avoids the time and expense of a court action. Once he has filed, the court will set a temporary hearing and usually give one parent primary custody (usually the mother) and the other parent standard visitation. The order is enforceable though a contempt of court action. If the parties are unable to reach an agreement regarding custody, most courts will order a custody evaluation prior to trial. A court-appointed mental health professional such as a psychologist or a social worker usually does the custody evaluation. The evaluation includes interviews with both parents and the children; observation of the children; conversations with teachers; and possible psychological testing of both parents and children. It can take four to twelve weeks to conclude a custody evaluation. When a custody evaluation has been ordered, the court usually will not enter a final custody determination until the evaluation has been completed. This can be expensive.
Customer: replied 7 years ago.
If I understand your answer correctly if the mother requests a DNA test, the signed Paternity Admission form will allow the father visitation rights while the results of the DNA test are determined. Is this correct? Does the mother have to pay for the DNA test since she made the request?
Expert:  lwpat replied 7 years ago.
The judge will decide who pays but he can ask for her to be charged. You are correct about the form.

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