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--


Asked on 9/15/05, 3:19 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

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.

Read more
Answered on 9/15/05, 7:46 pm


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