Legal Question in Family Law in Illinois
Children from affairs
I had an ongoing affair on my husband and from the affair had two children ( now 2 & 3), my husband and I agreed to stay together so he signed both birth certificates, now I am regretting this, my husband refuses to let the bio father see the kids, the bio father wants to see the kids and pay support but he is not a legal immigrant so he feels he has no rights, is there anything he can do to legally see the kids? I want him to see the kids without it destroying my marriage so I am looking for a legal way to do this so my husband can not blame me. any suggestions would be helpful. Also we are 100% sure these are not my husbands bio kids and know the father is the other man.
1 Answer from Attorneys
Re: Children from affairs
Greetings. Even though biological dad is not
a legal immigrant, he should retain a lawyer and
file two separate paternity petitions for each
child. The public policy of the State of Illinois
is very supportive of fathers who acknowledge and
support their children. A court order establishing paternity for biological dad will
nullify your husband's signing of the birth
certificates if biological dad and the children
submit to DNA testing and biological dad is not
excluded. This is a matter that biological dad
should deal with as soon as possible to protect
his rights as a father. I will be more than
happy to answer any additional questions that
you or biological dad might have.
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