Legal Question in Family Law in Illinois

kids

my wife and i separated for 2 months and she is now pregnant with another mans child .we wish to get back together stay married and keep are family.do i have any right to this child and dose the biological father have any right.if so how do i go about claiming the child as my own?THANK YOU FOR YOUR HELP


Asked on 8/12/08, 4:29 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: kids

The child is presumed to be yours under IL law and the other man would have to go to court and overturn that presumption. If he does, you will still have a lot of access to the child, since you are living with the mother. If he does fight for access to the child, you need to be prepared to fight back, probably get an attorney, and you need to understand he may be around picking up the child etc for the next 18 years.

Read more
Answered on 8/13/08, 8:15 am
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: kids

The biological father has a right to the father, but if he does not want to exercise his parental rights and is willing to consent to it, you would be able to adopt the child. This is something you should discuss with a local Adoption attorney as well as your wife and the biological father.

Read more
Answered on 8/12/08, 4:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois