Legal Question in Family Law in Illinois
Do I have rights to a non-biological child?
My wife and I were married in January 1998. She was already pregnant when we met and married. In june 1998 our first son was born. We have since had one more child who is my biological child. Now we are headed for a divorce and she is threatening to make it so that I will never see my oldest son again by contesting paternity. Can she do this? I found a public act which was published by the Illinois general assembly in 1998 that states that "a motion to declare the non-existance of the parent-child relationship shall be barred if brought more than six months after the effective date of this amendatory act of 1998". Does this act protect me as it seems to? Has a parent-child relationship been established. My name is on the birth certificate. I have been responsible for support since his birth and we have applied for public assistance in the past with myself named as the father.
1 Answer from Attorneys
Re: Do I have rights to a non-biological child?
Since your oldest son was born during
your marriage, there is a presumption
that you are the biological father.
This is the law that really applies.
You have a good chance of fighting her
challenge, and the court probably will
make her pay the cost of a DNA test
as long as you are willing not to
raise the issue. To sum up my answer,
under the circumstances she cannot
bar you from seeing either child, and
it would be a good idea now to petition the court for a visitation
schedule with your children.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
