Legal Question in Family Law in Illinois

I am not married and delivered my son alone. The father did not show up and I gave my son my last name. Now the father shows up and wants to change the baby's last name to his. I was told that it is Illinois Law the father has that right. Is there any way to fight this.


Asked on 11/24/09, 8:35 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Depending on the age of the child a court make deny the father's request to have the name of the baby changed. If the child is young, then it is more likely that a Court will order the change, but if the child has already enrolled in school and is known by his contemporaries by your last name, it is a high burden for a court to order a name change.

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Answered on 11/29/09, 9:00 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Father also has the "right" to pay child support retroactive to the child's birth. Assuming the child is under 2, he can also be required to pay birth expenses. I also agree with Mr. Shimberg's answer above but that doesn't mean you have to allow this man to bully you when he basically abandoned you when the child was born. Contact legalaid in your vicinity or go to your local courthouse to get a clearer idea on how to file for child support. You can also contact the State's Attorney's Child Support Enforcement Unit.

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Answered on 11/30/09, 5:53 am


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