The birth father was recently served with termination of rights papers he asked for a paternity test but has yet to try to move forward with the process I have tried to contact him about it but he refuses to respond back what do I do ?
Who served him, specifically, what was served and where is the case pending? Last question, This appears to be a serious issue and why have you not hired a lawyer who would be able to answer your questions?
you may not terminate his rights, if he is the father, unless you filed an adoption.
if you filed a petition to declare that he is not the father, under the parentage act, did he file a response? if he did, did he admit or deny he is the father? if neither, did he do a motion for a dna test? if so, did you do a response?
perhaps best to take all the court papers to a lawyer for real advice. maybe what you filed needs to be amended. maybe not.
if the time to respond has passed or if he responded, then you may initiate discovery. a rule 214 request for a dna test would be appropriate. but if you do not want him to be the father, then you do not want the test if you alleged that he is not the father.
seems as if you should consult with some lawyers to see where you are and what to do.
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