Legal Question in Family Law in Illinois

Re: biological father not legal father

It sounds like the husband was put on birth certificate due to his relationship with you (and the assumption by the legal system that children born to married women are biologically related to the husband). If the husband did not sign a VAP, voluntary acknowledgment of paternity, the biological father will easily be able to get a court order to establish paternity. Once paternity is established, the court still needs to look at best interest of child.

On a similar note, when a woman is married and sleeping around, AND not practicing birth control, that is a recipe for legal disaster. Next time, I recommend to avoid such legal problems, either by using "preventative measures", or at least DNA testing the men you are sleeping with when the baby is born. Thus, innocent parties (including the child and the husband if he is not the father) are not hurt.

Re: biological father not legal father

There is no statute of limitations.

while you are married, it is assumed that your husband is the father, but that can be refuted.

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