Legal Question in Family Law in Illinois

Fathers rights .... I took an ex to court several years ago to determine if the child she had was mine . We were ordered to take dna test . Due to bad advise and poor judgement on my part i never showed. Though defendent denied me as the father . I need to know .... and am not sure where to start.

Asked on 3/21/12, 12:32 pm

2 Answers from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

You had your chance. You may have blown it. Depends on what the courts ordered the last time. You usually only get one bite of the apple, and you chose to spit it out. Bad choice.

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Answered on 3/21/12, 12:57 pm

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

In one of the few times I've disagreed with Mr. Shimberg, I think you can still file an action to determine parentage and I believe that you can do so until 2 years after the child's 18th birthday. The worst that will happen is that the court will deny you any relief which is the same position that you are in now. OTOH if the court has at anytime ordered you to pay child support, you have already been declared to be the father of this child and you will not be able to vacate that order due to your lack of diligence. Like he said it all depends on what the court order was the last time.

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Answered on 3/21/12, 1:27 pm

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