Legal Question in Family Law in Illinois
divorce gone bad
Hi..I live in Chicago.I have a couple of legal questions.
#1.Is there a way to change a divorce decree that was filed default?
#2.How can I get a DNA test on my children if there mother is not going to give me it?
#3.The kids mother told me to sign my father's rights.I am considering it.If I do what do I need to do?
*note-the kids and their live in southern Illinois 322 miles from me.I don't see my kids because I can't afford to while paying out $1000 a month in child support,healthcare,and daycare.
To end what can I do?
Thanks,
--name removed--
1 Answer from Attorneys
Re: divorce gone bad
Hello. In Illinois you can file a motion and
vacate a judgment of dissolution of marriage as
long as you do it within 2 years. However, after
30 days of the judgment being entered, this process becomes more difficult. You will have
to include an affidavit why the judgment should
be vacated, etc., after 30 days. Now getting a
DNA test is someting that should have been requested early on. It will first be necessary
to get the default vacated. There is law in
Illinois which illustrates how the Supreme Court/
and Appellate Courts in Illinois oppose default
judgments. However, whatever action you decide
to take needs to be done like yesterday. Now
in terms of signing away your parental rights to
the kids; think about this. What if they are
your kids? I recommend that you first get the
judgment vacated, before signing away your parental rights. I will be happy to answer
any additional questions you might have.