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InformationForYou
InformationForYou, Family Law Attorney
Category: Family Law
Satisfied Customers: 1956
Experience:  18 years as a family law attorney, adjunct law professor
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I have been separated from my wife for more then 2 years in

Customer Question

I have been separated from my wife for more then 2 years in Illinois. During this time she had gotten pregnant and had a child with another man. I am preparing my uncontested divorce papers by myself and filled out an Illinois Denial of Paternity form. My question is, do I need to include the Illinois Denial of Paternity form when I file with Cook County and how will this impact the process?
Submitted: 4 years ago.
Category: Family Law
Expert:  InformationForYou replied 4 years ago.

InformationForYou :

Yes, you need to do that because as part of the divorce process the court needs to know if there were children born during the marriage, which there were, however it is not your child.

InformationForYou :

Whose name is XXXXX XXXXX child's birth certificate as father?

Customer:

As far as I know, it is the other man.

Customer:

I would have to get more info to answer that more accurately

Customer:

There could be a possiblity that it might have been left blank until they had received the document from me.

Customer:

Unless my name was placed until they submitted the form

Customer:

I just found out that the father's name is XXXXX XXXXX man. This was confirmed by my wife through a text message.

InformationForYou :

Okay...then you still need to file this form.

InformationForYou :

The issue is that there is a presumption that a child born during the marriage IS the child of the husband...

InformationForYou :

but there is a similar presumption that if another man is on the birth certificate, he is the father.

InformationForYou :

So there are competing presumptions on paternity...so you NEED a determination of paternity.

Customer:

will this complicate the process or prolong it?

Customer:

Im assuming I need to change the pettition to say there was a child born under the marriage.

InformationForYou :

It will only "complicate" things because a DNA test will be ordered and that can take several weeks (many weeks) to get the determination (results).

InformationForYou :

You will need to say that there was a child born during the marriage but "upon information and belief" you are not the biological father of the child.

InformationForYou :

Good luck.

InformationForYou :

Please click accept to give me credit for responding.

Customer:

Is the DNA test mandatory in illinois even though the Denial of Paternity form has been signed by both parties and the father indicated in the birth certificate is not my name as a father?

InformationForYou :

Again, since I've answered all previous answers which responded to your initial and follow up question I can answer some minimal questions thereafter.

Customer:

I see, thanks for your time.

InformationForYou :

Please accept for all prior answers. This isn't a free site, it is a pay-for information site. I anticipate you'll abide by the terms of the site.

Customer:

I understand, thank you.

InformationForYou and other Family Law Specialists are ready to help you
Expert:  InformationForYou replied 4 years ago.
It isn't mandatory. However, if she files for child support and the other side (the alleged real father) or she asks for one, it will be ordered. (Either ordered between you and the child or the other man and the child and if their test comes back negative, then between you and the child). Good luck. I hope it all works out.

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