Legal Question in Family Law in Illinois

My son was told he was the father of a child 5 years ago. he is on the birth certificate. Now she is saying that he may not be the father. is there someway to make her get the testing done? She says she has no money for it.Also she brought this up after my son got incarcerated. This has torn this family apart because we have loved this little girl from day one and now she may not even be our grandaughter...


Asked on 6/06/12, 4:37 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Its too late for her to change her mind as to who this child's father is. In Illinois, in order to put a man's name on the birth certificate, the couple must sign a voluntary acknowledgment of parentage stating who the father is. It sounds like this was done in your case. After 60 days, that document has the same weight as a court ordered determination of parentage and no DNA tests are permitted thereafter. If you love this little girl, that's all you really need to know. She is your granddaughter. Depending on how long your son is going to be incarcerated, you may want to file a petition for grandparent visitation if mother is refusing to allow you to spend time with the child.

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Answered on 6/06/12, 4:43 pm


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