Legal Question in Family Law in Illinois

He has no legal rights in the child. You are the legal and presumptive father since you are married to the mother and your name is on the birth certificate. I don't know why you think you have to give him any visitation with the child much less unsupervised visitation. If he wants to assert his rights, he needs to file the proper proceedings in court. It will then be up to the court as to whether or not he is recognized as the child's father. I suggest you think long and hard about whether or not you want this man in your lives and that of your child.

In Illinois any child born during a marriage is presumed to be a child of that marriage. Furthermore, your name is on the birth certificate, which indicates you were present at the birth and signed the certificate. Did you also sign a Voluntary Acknowledgment of Paternity, or "VAP"? You would not have been required to sign a VAP, but if you did it would be one more thing to present in court, if necessary. As it stands now, the other man has no rights to this child, including visitation. If you fear he would take the child and secret him from you and your wife perhaps you should consult with an attorney to discuss a protective order.