DNA test, Affidavit of Paternity...???????

[h0rsepwr]

What is the name of your state? Illinois

Since the Affidavit of Paternity is cheaper, I prefer to go that route. But I don't fully understand what it is. I did a search here and found a sample copy one that looked simple enough to fill out. Once I sign and the mom signs, does that mean that paternity has been established? If so, what needs to be done to make it "legal" so to speak so that I have equal rights as the mom?
(there is no doubt I am the father, that's why I don't feel the need to spend several hundred dollars on a paternity test)

 

[wonderif2]

Read this site:

http://divorce-law-illinois.com/parentage.html


Also.


- Illinois Children of Unwed Parents FAQ's -


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1) How can an unwed father establish paternity rights?
Under the Parentage Act of 1984, a father and child relationship may be established, and custody, child support, and visitation may be awarded. Either parent, or a third party on behalf of the child, may bring a petition to establish parentage. If the father wishes to establish paternity, he must bring the petition within two years after the child's birth or risk being foreclosed. On the other hand, a petition may be brought by the mother or someone on behalf of the child any time until the child is 18 years old.

2) What are the criteria for custody determination when the parents have never been married to each other?
The same statutory custody factors are applied in Parentage cases as in Dissolution cases. The standard for determining custody is best interest of the child. Contrary to old common law concepts and cases, which presumed the non-marital child's best interests were served by granting custody to the mother, there is no longer a presumption in favor of either parent.

 

[h0rsepwr]

Read this site:

http://divorce-law-illinois.com/parentage.html


Also.


- Illinois Children of Unwed Parents FAQ's -


--------------------------------------------------------------------------------

1) How can an unwed father establish paternity rights?
Under the Parentage Act of 1984, a father and child relationship may be established, and custody, child support, and visitation may be awarded. Either parent, or a third party on behalf of the child, may bring a petition to establish parentage. If the father wishes to establish paternity, he must bring the petition within two years after the child's birth or risk being foreclosed. On the other hand, a petition may be brought by the mother or someone on behalf of the child any time until the child is 18 years old.

My daughter is 3 years old, does that mean I'm screwed?

 

[wonderif2]

I honestly do not think so. If you sign the form, then are or going to pay child support. You should also be able to get visitation and atleast joint custody of your child.

 

[h0rsepwr]

I'm just lost. Everyone keeps telling me that paternity hasn't been established so I have no rights. I signed a ton of papers at the hospital, my name is on the Birth Certificate, our daughter has my last name....me and the mom have this half-assed schedule that permits both of us to have her 50% of the time.
I just want to know how to get equal rights and how it is done. We've never been to court yet. I don't have a lot of money, that is why I want to know if an Affidavit is something that can legally establish paternity.

 

[BonusMom]

goign through this myslef...

with my husband. When he and his ex split (they weren't married) she went after child support. The judge asked him in court if he denied that these were his kids and he said no. BUT from what our lawyer told us, that doesn't mean that parentage had been established. We are still waiting on the lawyer to see what he finds out.

What we have to do if it hasn't been established is get the affidavit thing you are talking about, send it to Bio-mom for her to sign then file it with the courts. That will establish parentage. If she doesn't sign it (just to make our lives h**l) then he would have to get a paternity test to prove he was the father.

So your affidavit thing, according to our lawyer, would be an appropriate way to establish parentage legally. However to get visitations and equal rights legal (and trust me, you want to get it through the courts incase Bio-mom turns bitter someday like ours did) then you and she just write up a parenting plan (since you and she seem to be on good terms right now) with shared custody and file it with the courts. This would make it legal and if something ever went awry in your relationship, you would have legal rights to visitation and she would have to go to court to change that. I would get a couple free consultations with a lawyer to get it written up right. You can also find examples at www.deltabravo.com in the Articles section.

Best of luck to you. I hope you get everything worked out.

Also, in regards to the Illinois FAQ quoted above, I feel that it is total bulls**t that a father only can claim to be dad up to 2 years, but bio-mom has the right to do what she wants up until age 18. Just goes to show you the biast in the system. They just assume that bio-Dads are dead-beats and don't take into consideration the extreme lengths that Bio-moms go to sometimes to keep Dad out of their lives just out of pure spite. I am a Bio-mom and a Step-mom and have seen both sides of the plate through-out my life.

Ok, off my soap-box, just a little emotional right now. My little girl started Kindergarten and I haven't got to see my bonus-boys since Christmas because their bio-mom decided they had better things to do this summer Emotions run high in this house right now. Even though they are not my bio-kids, I miss htem as though they were and it really hurts

 

[h0rsepwr]

BonusMom

Thanks. People just keep telling me that even if I get that Affidavit thing, a jugde will still order a paternity test. So does that paper HAVE to be filed with the court system, or once we both sign it, does that immediately establish paternity and equal rights?

 

[BonusMom]

Re: BonusMom

Thanks. People just keep telling me that even if I get that Affidavit thing, a jugde will still order a paternity test. So does that paper HAVE to be filed with the court system, or once we both sign it, does that immediately establish paternity and equal rights?

Are 'people' telling you this or lawyers? Our lawyer said a paternity test would only be necissary if bio-mom denied that he was the father. If she signed the affidavit then all that was necissay was to file it. No paternity test needed. That came from our lawyer, so I assumed he knew what he was talking about. Of couse, it may be different in different counties. I am dealing in DuPage county, IL.

Did you sign anything at the hospital when your child was born? From what I have read, in Illinois to even get your name on the birth certificate you have to sign the afidavit of paternity at the hospital. It is called the Voluntary Petition of Paternity. Is it possible that you may already be established legally as the father and not know it? If you signed something at the hospital, then go to the court house and see if you can look up the legal or established paternity for your child.

Best of luck, we are still waiting on our lawyer to get back with us on what he found. My husband signed something at the hospital with both of his kids and also pays child support. The court asked him at the child support hearing if he disputed that he was the father and he said no. So as soon as I hear from the lawyer on what he found out at the courthouse, I will let you know. We live several hours away or I would go look myself.

 

[h0rsepwr]

Yeah, I did sign a bunch of papers at the hospital, but didn't really think much of it since me and her mom were still together. My name is on the birth certificate and our daughter has my last name. The hospital should have copies of that right? Maybe I could take a run up there during my lunch break to see if I could get a copy of all those papers.

 

[Grace_Adler]

You may want to call before you go because sometimes they file those papers with the court and you may have to go there to get them instead. Just wanted to save you a trip.

 

[h0rsepwr]

You may want to call before you go because sometimes they file those papers with the court and you may have to go there to get them instead. Just wanted to save you a trip.

Really? Even still, I thought they would have a copy saved at the hospital. BUt thanks, I will call once "The Man" stops breathing down my neck here.

 

[Grace_Adler]

LOL!!

Well I believe they do file the affadavits with the court here. I can't remember. I'd just call the hospital and ask what paper work you would have signed and would you be able to pick up the copies there or would they be filed at the courthouse, where you need to go in either bldg..ect, whatever other questions you have. That way you'll know where to go and what to look for and hopefully will make things go faster and smoother.

 

[h0rsepwr]

LOL!!

Well I believe they do file the affadavits with the court here. I can't remember. I'd just call the hospital and ask what paper work you would have signed and would you be able to pick up the copies there or would they be filed at the courthouse, where you need to go in either bldg..ect, whatever other questions you have. That way you'll know where to go and what to look for and hopefully will make things go faster and smoother.

Will do thanks. I've just had a hard time getting answers out of people at hospitals and offices. They seem to refuse to give me information, they all say to go to a lawyer...If I had the money to go to a lawyer, I would and he'd be the one calling them! Geez...people, I dunno.

 

[craftymom]

this was in Massachusetts, but......

When my son was born, my ex signed the BC at the hospital, as well as a voluntary paternity statement (although the *exact* name of the form escapes me at the moment). We took that "statement" and had it notarized.
Flash forward seven years, ex and I have long since split up, and OCS *finally* catches up to him for child support. At the hearing, the ex had to sign a new form declaring paternity, and did not have to take a DNA test.
Why did he need to sign a new form? Because although the "old" one had been notarized, and was in my possession on that date in court, it had never been FILED with the court (the notary had mis-informed us that it didn't need to be). And he didn't have to take the DNA b/c the paternity statement was his legal declaration that he believed himself to be the father w/o needing blood test.

 

[craftymom]

whoops!!

seems the two of you were going back and forth as I was typing my reply......o'course, I had started typing, got interrupted by kids, and came back to finish....didn't think to check if additional replies had been posted....well, that'll teach me!
Just didn't want you to think I was disagreeing, or trying to negate your responses I think calling the hospital, or the courthouse in the district where the child was born are excellent ideas.