Legal Question in Family Law in Illinois

Fathers Rights when he is in TX & Mother is in IL

My husband had an affair last month w/woman in IL, we live in TX. She has now notified him that she is pregnant and claims he is the father. Abortion is out/she may adopt, but is adamant about not wanting us to adopt the child. What are his rights and what exactly is he responsible for? Also how does a paternity test work into this situation? What if she refuses a paternity test?

Thank you,

Vikki


Asked on 5/24/06, 1:21 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Fathers Rights when he is in TX & Mother is in IL

I would definately do DNA testing. If she refuses, most courts will determine that he is NOT the father.

DNA testing is no big deal - it's just a simple mouth swab. No pain, No blood.

Good luck!

Even if she "claims" to have miscarried, be sure to check and make sure that she is not pregnant.

FYI: I've had several men that learned years later that they were a father of a supposed "aborted" or "miscarried" child.

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Answered on 5/24/06, 4:00 pm
TC Langford Langford Law Office

Re: Fathers Rights when he is in TX & Mother is in IL

Despite your best efforts, this case will probably need to be heard by a judge in the county in which she lives. Immediately retain an attorney in that jurisdiction. Be prepared for a fight, as it may well be costly and exhausting.

IF she is pregnant, and IF he is the father, he will need to establish that legal status. He needs to be proactive, to verify that she identifies him as the father, so that he is properly notified.

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Answered on 5/24/06, 1:26 pm


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