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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102138
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my son had a child out of wedlock. She kept him away by filing

Customer Question

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
Expert:  Ely replied 6 years ago.

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.

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Customer: replied 6 years ago.

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

How should he word the response?


Expert:  Ely replied 6 years ago.
It is not too late. Has he filed a response yet?