Legal Question in Family Law in Illinois

If you were not married to the alleged father at the time of the children's birth and he has not signed a Voluntary Acknowledgment of Paternity (VAP) and he has not filed any counter action then you can withdraw your Petition for Support. If you were, or are, married to the alleged father, or he has signed a VAP, or he has filed a counter action, then you may have problems. Once paternity has been established and/or a visitation schedule has been entered by a court it makes it more difficult for you to remove the child from Illinois. Regarding termination of parental rights, you cannot terminate what doesn't exist. Therefore, you must determine the answers to the above questions before moving forward. Finally, he may wish to proceed with his own action regardless of what you decide. Sooner or later you will have to address the issue of parentage before you will be able to move forward with your other issues.

Some of the information you provided is unclear. If he has asked for a DNA test via the court, then there is a matter before the court and you cannot simply move. Does the biological father see the child? Simply getting up and moving may not be as smooth as you imagine. I recommend resolving the matter now before you move to GA anyway, because fighting in Cook county while living in GA is not easy. If you want your fiance to adopt the child, you will have to fight the biological father in court anyway. In any event this is a complicated matter, and you should strongly consider hiring an attorney who is well versed in child custody and adoption law. Feel free to contact me if you have any further questions.