Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

my son had a child out of wedlock. She kept him away by filing

Customer Question
my son had a child...
my son had a child out of wedlock. She kept him away by filing orders of protection and didnt notify him of when the child was born. he filed a petition to establish parentage and her attorney has filed a motion to dismiss because she had a "friend" sign the birth certificate. What kind of response would need to be filed on the motion to dismiss? this is in Illinois.
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
6/1/2011
Family Lawyer: Ely, Counselor at Law replied 6 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Under 410 ILCS 535/12 et seq, the friend is presumed to be the father, but this can be challenged. What your son has to do is to file a Response to the Motion to Dismiss and in the same motion document, a motion for DNA test, requesting that the child and him be DNA tested. The Court should then order a DNA test and upon finding that the child is indeed his, continue with the petition to establish custody.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

Is it too late to file a response since the hearing is tomorrow?

How should he word the response?

 

Family Lawyer: Ely, Counselor at Law replied 6 years ago
It is not too late. Has he filed a response yet?
Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,932 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My friend is trying to get full custody of his unborn
my friend is trying to get full custody of his unborn daughter because he believes the mother unfit but she and him are not married and she threatened not to put him on the certificate how does he pro… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
My ex girlfriend had a baby she was in the process of giving
My ex girlfriend had a baby she was in the process of giving up for adoption but but backed out the last minute and said I can have him. I moved to.texas tp.get the baby and planned on staying in Texa… read more
Sue
Sue
Juris Doctorate
241 satisfied customers
I was sent a non parentage judgment reject sheet for a
I was sent a non parentage judgment reject sheet for a divorce in CA of a marriage of over ten years. *The issue of spousal support must be addressed. My soon to be ex-wife and I want to terminate spo… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I have a child born of wedlock in Oklahoma which is a
I have a child born of wedlock in Oklahoma which is a "Mother State". Father is on birth certificate. No court order / child support in place. I know I can move to another state and after 90 days he'l… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
How do I get a court order stating that I am father of a
How do I get a court order stating that I am father of a child … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I have a closed parentage plan of joint custody for my
Hello! I have a closed parentage plan of joint custody for my daughter. It has been closed one year. However i am needing to file for full custody due to circumstances that I feel she is unsafe with h… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My grandsons have been legally adopted by their paternal
my grandsons have been legally adopted by their paternal grandparents, and they are not allowing me to talk to them or see them, what can i do … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
Had a case to establish paternity for my child. the case was
had a case to establish paternity for my child. the case was ordered on dismissal for want of prosecution without prejudice. This case was made in 2002 and my son is now 30 yrs but also disabled.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
In Idaho is a 1st cousin match good enough to prove
In Idaho is a 1st cousin match good enough to prove parentage or does DNA have to come from both mother and father? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
My wife had a child with someone else before we were married
My wife had a child with someone else before we were married and she wasn't married to him at the time what rights do we have to give him they have never been to court on the matter. He signed a affid… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I live in the state of Tennessee and my son's father, who
I live in the state of Tennessee and my son's father, who signed the birth certificate has left the state and does not want to file a petition for parentage. I do not want him to either because I am e… read more
Expert James
Expert James
Doctoral Degree
11,707 satisfied customers
I received child support paperwork stating I am the father
Hello. I received child support paperwork stating I am the father of a 3 year old child and to fill out and respond. The mother was married at the time the baby was conceived and born to someone else.… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Jenna, I'm completing a petition to establish a parental
For Atty Jenna Hi Jenna, I'm completing a petition to establish a parental relationship in the county of Los Angeles. I'm assisting my brother with the package. He believes the child is born but the m… read more
lawyerJ
lawyerJ
Juris Doctorate
145 satisfied customers
What's the law if I had relations with two men, got pregnant
What's the law if I had relations with two men, got pregnant and one of the men signed the affidavit of parentage without a DNA test being done? I have since found out who my child's father is, we had… read more
lawyerJ
lawyerJ
Juris Doctorate
145 satisfied customers
My son had a child with a woman who was separated from her
My son had a child with a woman who was separated from her husband but not divorced before the child was born. They have been living together with her 3 other children for the past year and have a hou… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Male 25 years old I'm in ohio and I have some Parentage
Male 25 years old I'm in ohio and I have some Parentage issues with … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
My daughter received papers in regards to parentage for her
Hello my daughter received papers in regards ***** ***** for her twin girls. The dad is asking for a paternity test. She has no issue submitting to the test but does not have the money to pay for it a… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
My ex filed a petition to adjudicate parentage and I need to
my ex filed a petition to adjudicate parentage and I need to know how to respond … read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x