Legal Question in Family Law in Illinois

Hi. None of the advice you've been getting is true. The "father" of the child is the biological father, regardless of your marital status at the time. If it ever becomes an issue, you might need to have a paternity test done.

Do not take legal advice from people who are not lawyers! First of all, a Florida attorney could tell you whether a legal presumption arises that your husband was the child's legal father since the child was born during the marriage. This would be the result if Missouri law governed your situation. Obviously you have created a legal problem by not waiting until you were divorced to have a child with someone that you were not married to, and the problem concerns your child's legal rights just as much as it concerns the biological father's legal duties. I believe that you should hire an attorney to straighten out the mess you've made. This will probably involve filing a lawsuit for the determination of paternity and hopefully obtaining a Judgment that the ex-husband is not the father, the biological father is the father, and other orders as are appropriate.