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Answered 2011-09-13 11:59:33

A DNA test can be taken to prove it. The natural mother can order it to be done. If a judgment has already been ordered for child support, then you will have to appeal with your lawyer and have a DNA test to prove you are not the father.

Only the court or the state's department of child support enforcement can order someone to take a paternity test.

A paternity/parentage suit is treated the same as any lawsuit.

Before the unmarried mother can receive child support she must file a suit in the state circuit court in her county of residence.

The male named as the alledged father will be served with a summons with the court designation, date and time he is to appear.

The defendant can appear in court with or without legal counsel and contest the suit, in which case a paternity test will be ordered.

If the defendant fails to request a continuance or does not appear at the hearing the court will enter a default judgment for child support.

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Related Questions

Does the father have to take a DNA to get a child legitimize?

Not necessarily. Depending on the jurisdiction, he may sign an acknowledgment of paternity or acknowledge paternity in open court.


How long does a father have to ask for a paternity test?

There is no time limit. If the mother refuses he can easily get a court order.


How do you revoke paternity right if the father only acknowledge the child but the child does not bear his father's surname?

There is a fairly brief period in which the man may rescind his acknowledgment of paternity (in Illinois, 60 days). Surnames are meaningless in paternity determinations.


Father not on birthcertifcat and mom marries and child has mothers maiden name what happens?

The father can file for paternity rights.


What happens when father cant be found to be serve and to get paternity test?

Then you can't prove paternity - unless you find another reliable source for his DNA.


Can a 40-year-old adult child sue for a paternity test to prove her biological father?

I am the 40 year old child, mother deceased and paternity never proven can I legally make the father take a DNA test because he refuses to?


How do you legally ask for a paternity test?

Send the alleged father a letter via certified mail, return receipt requested, asking that he submit to a paternity test. If he refuses, you will have to file a paternity lawsuit, where the court will order him to take a paternity test. If you must file a lawsuit, you should see a family law attorney.


What if their are no court orders and the child's mother refuses to allow the father to see his child?

The father must establish his paternity in the family court and petition for a visitation schedule and/or joint custody. The father should act immediately.


What does not present mean on a birth certificate?

When someone is "not present," they were not there to witness the birth. It could also refer to a parent who was not legally involved in the birth (such as a father who did not acknowledge paternity).


What happens when you have a support case and the father opened a paternity to prolong the court date do you have to wait for paternity to get support?

Yes and all men should as there's a 30% chance he's not the father. see link


Can I take a man to court if he is a possible birth dad to me if he refuses a DNA test?

Yes. File for a child support order with your local county. They will initiate a paternity test on the potential father, if that is not the father, they can test other men. They will order him to submit to the DNA test. If he refuses then they can actually rule him the father in some states.


What happens if a child's mother dies but she was not married to the father?

If paternity has been legally established, the father could petition for custody/ guardianship.


What happens if the father of the child is court ordered to pay child support and refuses?

If a father refuses to pay child support, he's sent to jail and will not be let out until he pays the child support.


Who can challenge paternity of a deceased father?

The parents of the deceased father (the childs grandparents) can do a paternity test.


What happens if the father did not show for a paternity test ordered by the court?

The court could make a default order.


Can the attorney general force you to do a paternity?

If the father refuses, a default order can be entered against him. Mothers use the right of privacy to prevent the test see links below


What happens if the name of father on birth certificate is wrong?

I.e., someone else is the father? Assuming more than 60 day since the BC was signed, this will require genetic testing or acknowledgment of paternity by the real father in open court, and an order of paternity.


If the father of my baby doesn't want a paternity test do he have to get one?

If the father is listed as the father on the baby's birth certificate, a court will be reluctant to order him to take a paternity test. If he is not listed as the father on the birth certificate, you can file a lawsuit to order him to prove (or disprove) his paternity through a paternity test.


Does paternity have to be determined in child conceived during separation for a divorce?

It will have to be determined through a paternity test if the father is denying the child. If the father admits the child is his, no paternity test has to be completed.


What is the definition of paternity?

The relation of a father to his child; fathership; fatherhood; family headship; as, the divine paternity., Derivation or descent from a father; male parentage; as, the paternity of a child., Origin; authorship.


Do you have to pay child support if the mother has put somebody else's name on birth certificate and waited 16 years to contact you about the child being yours?

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If you file for paternity and the father is notified to file for paternity to can you request from your lawyer to stop the proceedings to stop the father from getting paternity?

You can stop yours, but he can file his own, as he should. I teach fathers how to do this.


What kind of cases do paternity lawyers handle?

Paternity lawyers handle cases when the mother or father is curious of who may be the biological mother or father. They would refer them to have a paternity test and litigate from there.


What happens after answering the paternity suit paternity is already established?

It depends on how you answered the paternity suit. If you are not the parent and it is proved that you are not the father, nothing more needs done. If you are the parent, many more court dates could come to determine custody and child support.


Can an unmarried mother sign over guardianship of a child during a cps case?

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