Legal Question in Family Law in Illinois

If two people are separated, and not legally divorced, and one has a child with another partner, who is legally responsible for that child? For example, a wife that is separated from her husband, and has a child with her "new boyfriend". Is the "new boyfriend" legally responsible for that child, or is the husband?

Asked on 7/17/10, 5:53 pm

1 Answer from Attorneys

Kirsten Becker Kirsten Becker, Attorney

If the child is born while the parties are married then the husband is presumed to be the father of the child. Once the divorce is underway or a Petition for child support is filed while the parties are separated, then that presumption can be challenged. If the parties agree that husband is not father that can be written in an Order, if one party disagrees then DNA tests can be ordered between husband and child. If the presumption is challenged and successful then husband is not obligated to pay child support but also has no rights to visitation with the child.

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Answered on 7/18/10, 7:39 am

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