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amess · Jul 26, 2008, 06:26 AM

The legal father of my son is not the biological father. I want to get this changed. I went to an attorney and he said there is a very slim chance the legal father will be off the hook. He said there might be a possibility of 2 legal fathers and 2 fathers ordered to pay support. Has anyone ever heard of this! This sounds so bazarre to me! I told him that is not what I wanted but it is not up to me it is up to the judge.

My boyfriend wants off my son's because and let go of responsibilities but still wants to be in his life, however we feel it is best for my son to have the correct information on his because and receive child support from his bio dad.

We should be in court in a couple of months. The attorney seems to think this case is going to be very involved and difficult to convince the judge to change the current situation.

Anyone heard of this?

stinawords · Jul 26, 2008, 06:53 AM

I have never heard of three legal parents. What state are you in? How old is the child? The reason the lawyer might think it will be hard to convince the judge to change the because is if the child is past a certain age. Some states have a statute of limitations after which the legal father can not be changed.

Fr_Chuck · Jul 26, 2008, 07:09 AM

Sorry nope, you seriously need a new attorney, maybe one that does family law or at least one that graduated law school.

In some states if the person on the birth certificate is not challenged within a certain amount of time, they can not be. So the person who is not the real father will remain the legal father. But that will never make the real bio father a legal father. There is only one legal father, and only that person can be charged with child support.

In most places, a bio father can challenge the legal father if they are not the real father, a DNA tests is proved in court and a new court order issued.

amess · Jul 30, 2008, 04:20 PM

Originally Posted by stinawords

I have never heard of three legal parents. What state are you in? How old is the child? The reason the lawyer might think it will be hard to convince the judge to change the bc is if the child is past a certain age. Some states have a statute of limitations after which the legal father can not be changed.

I am in Illinois. My son is 15 months. Attorney told me that there is not a time limit on it. He said that once someone signs AOP there is no chance or slim chance of changing it in IL.

amess · Jul 30, 2008, 04:23 PM

Originally Posted by Fr_Chuck

Sorry nope, you seriously need a new attorney, maybe one that does family law or at least one that graduated law school.

In some states if the person on the birth certificate is not challenged within a certain amount of time, they can not be. So the person who is not the real father will remain the legal father. But that will never make the real bio father a legal father. There is only one legal father, and only that person can be charged with child support.

In most places, a bio father can challege the legal father if they are not the real father, a DNA tests is proved in court and a new court order issued.

He is the 3rd attorney I went to. The first one acted like everything would be a piece of cake, but it seemed to me she was not experienced at all with cases like mine. The second one told me no she would not take my case what I am asking for cannot be done. The third is this guy who has a great reputation in my area and seemed to really know his stuff. He told me he personally had cases that two men were ordered to pay support.

He said IL no longer has a time limit. Once AOP is signed it is VERY hard to challenge. He said bio father WILL be charged with support, but may not gain any rights.

I am so LOST! I had done so much research online and off and when I finally went to get something done it seemed more disastrous than imagined.

Fr_Chuck · Jul 30, 2008, 05:44 PM

No, only one person can legally be the father, and in Illinois the bio father can challenge anyone who did fraud and claim to be the father, or someoen improperly listed on the birth certificate,

And yes this should be a piece of cake, file for paternity, get a court order for a paternity test, get a court order. The new legal father will owe years of back child support at that point, to be worked out with the court.

Now a lot of Ilinois courts are good ole boy clubs, I know a DA in in one Il city that even created fake evidence to help get convictions, and was latter re-elected from my understanding.

Now to be honest in several dealings with Il courts, I actually ( this is the truth) drive the long way around, just not to drive though IL since I don't trust a lot of their police departments and don't trust any of their courts from first hand experience in several of them.

stinawords · Jul 30, 2008, 06:44 PM

As chuck pointed out there can only be one legal father. I wouldn't go back to the lawyer telling you there will be three legal parents that's a load if I ever hear it. It should be pretty easy you might want to go back to the first one you spoke with. As long as there is no statute of limitations the bio dad files in court the judge orders a DNA test it comes back positive and it all goes from there with the support and his rights as well.

FreeDream · Jul 31, 2008, 01:16 AM

Alright; I'm in this, now, whether I wanted it or not.

My wife knew exactly where to find the biological father of her child; she has protected him from prosecution, when he is only a few years younger than myself; she stated that I was the biological father in court and, when I signed over, told me that I was neither the biological father, nor had she ever believed that I had been so. Though the infant exhibits traits of mine, now that he is almost crawling, there is no resemblance towards myself that can be detected. Period.

She tells all that the biological father is within living distance of her, now, and wishes to be a big part of the child's life. She and I are both presently looking for the termination of my rights as the legal father, that he may take over on his own. My legal son is within 6 months of age.

Hopefully within the next several months, it will be done.

I don't know, otherwise, but this thread caught my attention, and now has me wondering.

Peace be with you all,

Free Dream

Fr_Chuck · Jul 31, 2008, 11:03 AM

Originally Posted by stinawords

As chuck pointed out there can only be one legal father. I wouldn't go back to the lawyer telling you there will be three legal parents that's a load if I ever hear it. It should be pretty easy you might want to go back to the first one you spoke with. As long as there is no statute of limitations the bio dad files in court the judge orders a DNA test it comes back positive and it all goes from there with the support and his rights as well.

I will agree this sounds like an attorney that is wanting to charge you 15000 for a 5000 case making it sound a lot harder.

The main issues, you are either allowed to challenge paternity or not.
If you are, the real bio father will be declared the legal father.

If the other man has been in the child's life for years and it can be shown that he "really believed" he was the father, he may be allowed some rights to a visit, but in most states he will not even get that.

amess · Aug 1, 2008, 07:07 AM

Would it make a difference that I am the one challenging it? Legal father is still in child's life bio father wants nothing to do with child. I have asked bio father to file a paternity action and he refuses.

I just want it change for the sake of what's true and for the fact that legal father could up and walk out of my son's life on the basis of "he is not really my child".

ScottGem · Aug 1, 2008, 07:16 AM

Originally Posted by amess

Would it make a difference that I am the one challenging it? Legal father is still in child's life bio father wants nothing to do with child. I have asked bio father to file a paternity action and he refuses.

I just want it change for the sake of whats true and for the fact that legal father could up and walk out of my son's life on the basis of "he is not really my child".

That's the point of being the legal father. Once he is the legal father, he is responsible for the child. He just can't walk away.

This site seems to answer your questions:
Illinois Legal Aid | How Do I Establish Legal Paternity?

It doesn't seem to give any indication that there can be 2 legal fathers. Or that anyone but THE legal father can be responsible for support.

amess · Aug 1, 2008, 08:10 AM

Ok, thanks everyone.

I have no idea where this attorney is getting this information. Since my son is still young I think that the bio father should be the one held responsible especially for the fact that I am not married to the legal father. Correct, honest information cannot ever be wrong, right?

So what do I need to do? Will all three parties have to go to court together?

ScottGem · Aug 1, 2008, 08:34 AM

You need to file a petition to amend the birth certificate. This means getting a paterntiy test to establish paternity. At that point, the bio father will be come the legal father. From there you fiule for support from the father.

amess · Aug 1, 2008, 09:59 AM

Originally Posted by ScottGem

You need to file a petition to amend the birth certificate. This means getting a paterntiy test to establish paternity. At that point, the bio father will be come the legal father. From there you fiule for support from the father.

Ok, I will do that. I already have a dna test proving that the bio father is the father. However, I do not have a test stating that the legal father is not the bio father. Attorney told me both men will need a test. Is this true?

I need to tell my attorney I want to amend my son's birth certificate and establish paternity in court?

Any idea if all parties will have to be in involved to do so? I have heard so many different stories. I am hoping that only biological father and myself will need to appear in court.

ScottGem · Aug 1, 2008, 10:05 AM

No, if you have test results showing paternity with certainty, then you should not need another test to show the other male is not the father. The question is whether the court will accept the test you had done.

The currentl legal father (the one on the bc) may not need to appear. Especially if he's not challenging the change.

Fr_Chuck · Aug 1, 2008, 10:29 AM

Now the DNA test will have to be done though and by a lab approved by the court, so if the doctors and labs that did your test are approved, a new test may have to be done.

amess · Aug 1, 2008, 10:51 AM

Originally Posted by Fr_Chuck

now the DNA test will have to be done though and by a lab approved by the court, so if the doctors and labs that did your test are approved, a new test may have to be done.

Yes, the test we have is a court approved test through DDC. The paternity was 99.999999998%. I am not sure what the other number was, but it was pretty high too.

I think I am going to seek yet another attorney.