Legal Question in Family Law in Illinois
not a bio-father
Hello
My name is Patrick (26 years old) and I am trying to get a head start on a situation I am in. So here we go.
I am not married to my ex or anything ,just an ex-girlfriend now and we ( I think ) have a daughter who is 17 months now.Recently I found out finally that there is a possibility that I may NOT be the real-father of the baby.I had done DNA tests and they are due this week. If they prove that I am not a father ,what are my options ?? Can I start a case for re-imbursement of all the money Ive lost towards the child that is not mine ?? That includes lost time from work ..support and all the other things purchased related to a baby ( record off all transactions on statements ).She knows who the father would be ,if I end up not the real father .Can I pursue legal actions agains the real father and make him responsible for my losses also ?Please respond .
Thank You,
Patrick
4 Answers from Attorneys
Re: not a bio-father
The short answer is "not really". The problem is unless you can prove fraud, there is no person who committed a wrong on you. And besides, do you expect a judge to tell a single mom who now has no source of child support that they have to repay a bunch of money that was used to support a baby? Not in this lifetime.
Re: not a bio-father
I agree with the two preceeding answers. I would add, however, that the courts would look at your payments as gifts. So it seems that you are out of luck in that instance.
Re: not a bio-father
I agree with the two preceeding answers. I would add, however, that the courts would look at your payments as gifts. So it seems that you are out of luck in that instance.
Re: not a bio-father
These are tough cases and you must act in a timely fashion so don't delay. The first big question is are you the "legal" father at this time? In other words, have you: signed a voluntary acknowledgment of paternity OR has a court declared you father? If neither of these two things have happened then you're in the clear at least for anything in the future. I'm guessing that a court didn't find you to be the parent because it likely would have done DNA testing pursuant to the court case. The tough one is the voluntary acknowledgment of paternity. You have 60 days to rescind or you have to prove fraud by the mother.
I'd like to hear which scenario that you're in...that makes all the difference.
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