Legal Question in Family Law in Illinois
paternity suit and terminating rights
I am married and have a 2 year old daughter, who was conceived through an extramarital affair. My husbands name is on the bith certificate, though he knows that he is not the biological father (a DNA test has been done) now my ex boyfriend has filed for paternity. what are his rights? if paternity is established can his rights be terminated without him signing off? Also ex is currently in jail for domestic battery against me and violating order of protection twice.
1 Answer from Attorneys
Re: paternity suit and terminating rights
As the father, the ex-boyfriend has the right to a relationship with his child. This right can be overcome however, if you can show it is in the best in interest of the child for the ex to lose his rights. This is not an easy task. It will require fighting in court (and you will need an attorney) to obtain a court order terminating parental rights.