My daughter is 4 years old and I live in Illinois. When I first found out I was pregnant I assumed it was with the legal father who signed her birth certificate. He has recently told me he got a paternity test saying she was not his (which blew my mind) but decided not to take it to court because of the expenses. He has been nothing short of terrible and disrespectful to me and I don't want my daughter thinking that's the way a man should treat a woman. He is basically a good dad, but he uses my daughter to manipulate me and is not a stable, good person outside of that. I'm going to try and talk to the only other person that could be her father and I would like custody of my daughter. The only issue I'm worried about is that her legal father had been raising her with me until I moved out and we started splitting time with her. If he's not the bio dad does that mean I will have a lot to fight against for custody?

... If he's not the bio dad does that mean I will have a lot to fight against for custody?

Are you asking whether the possible absence of biological paternity will make custody litigation easier for you? Possibly.

Since he signed the birth certificate it appears it is to late for a challenge. There would have to be other mitigating circumstances that would cause a challenge.



The document that is often signed at the hospital is called a “voluntary acknowledgment of parentage.” Once a voluntary acknowledgment of paternity is signed and properly notarized, this document is virtually the same as a decision (adjudication) of paternity. An individual who signs such a document has only sixty days to rescind the document. Once more than sixty days have passed it may be impossible to challenge the document.


Ref:

The Gitlin Law Firm - Woodstock, Illinois -- Paternity Q&A (http://www.gitlinlawfirm.com/qa/paternity.htm)

Califdad gave you a good link. So before you contact the other possible father, I would strongly suggest you contact a local Family Law attorney. Right now it appears the legal father will remain the legal father, and therefore be entitled to partial custody and visitation.

Also that may be why he didn't challenge it when he had the test done. The legal father may have consulted an attorney and told it was too late to challenge it.