Legal Question in Family Law in Illinois
Am I the father by law?
My wife and I seperated in may of 2002 after being married in sept of 2001. She's fianlyl trying to listen so we can get a divorce but she's saying that the government will come after me for child support unless i acknowledge the children aren't mine. She said it's a federal law that the husband is considered the father of the child if she's married, but aren't actually together. I thought that I couldn't be put down on the birth certificate, unless she puts me down, or I sign it myself. I've been trying to get divorced for the longest and I need some clarification on the law regarding this issue, am I considered the father of his two kids just because we're legally married, or would someone have had to put my name down on the birth certificates? This is for the state of Illinois and Wisconsin.
1 Answer from Attorneys
Re: Am I the father by law?
Only if the children were born to your wife during the marriage. Otherwise, you can challenge paternity but you need to move fast as the law only gives you a short amount of time to do so.
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