Legal Question in Family Law in Illinois

I have been married for 21 and a half years to the same man. 15 years ago, i had a one night stand that resulted in the birth of a child. I never saw that man again for 6 and a half years. My husband was their for his birth and is on his birth certificate as father. His biological father has known about him for 8 and a half years. He has never asserted his rights as a father ( no request for DNA) and no form of child support. My husband and I have always raised him as our son but have allowed him to have his biological father as part of his life.I felt it was in the childs best interest at the time. Does the biological father have a legal standing to assert his rights after all this time has passed? Is there a statute of limitation? He wants to sue me for sole custody and child support


Asked on 1/12/10, 10:24 am

1 Answer from Attorneys
John Steele Steele Law Firm

First, from your facts, he would almost certainly not win custody. Second, the child is at least 14, so the child will have a big say in all this. Lastly, the biological father does have rights to see the child, and be in his life.

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Answered on 1/19/10, 7:06 am


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