Legal Question in Family Law in Illinois
Child Paternity
My daughter has had a man show up and state he had a one night stand with her and believes her son belongs to him. She is married and denies this. He wants dna we just found out hes a registered sex offender what can we do
2 Answers from Attorneys
Re: Child Paternity
First, be careful. There is a legal process for such accusations. The first step is a restraining order, and hiring of an attorney to file a Petition to establish non-parentage. I would not recommend speaking or agreeing to anything the man wants until you speak to an attorney. Feel free to contact me if you have any more questions.
Re: Child Paternity
There are two pieces to this.
First, you want to deal with the fact that a registered sex offender is making trouble for your daughter. You should have little difficulty obtaining an order of protection (restraining order) to keep him away from your daughter and slap him with stiff penalties if he continues harassing her.
Second, the paternity issue. Since your daughter is married, the Courts assume that the husband is the father and the onus is on this joker to come after you. If you are concerned and want to be proactive, you can get a Court Order establishing your son-in-law as the father. Alternatively, you can wait and see if the restraining order will make this problem go away and wait for him to file a formal suit.
Please feel free to contact us if you have any questions.