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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband was made aware he has a child he did not know

Customer Question

My husband was made aware he has a child he did not know about. We live in Illinois. It was a brief relationship before I met him. My husband did not know enough about her when they were dating, they were young. The mother had been married and was apparently not divorced at the time of conception and got back together with the husband when things did not work out with my husband. My husband had heard through people that she was expecting he confronted her and her mother and was told no the baby was not his, he at one point was told by her she had an abortion. But he was told there was no child. Well we have found out this last year that was all not true. The then husband apparently signed the birth cert and assumed responsibility for the child. We have been told, whether it is true or not that he was aware the child was not his. The child is now 12 years old and she is divorced for a second time and has run out of options and is seeking financial help. My husband did take a paternity test to see if he was the father because he did not believe he could be. And the result was positive. She is claiming now after us trying to get to know this boy that he does not want anything to do with our family but she wants money from us. It is my understanding that because someone else signed the birth cert they are the legal guardian as if it were an adoption situation. And that my husband has no rights or obligations. Please don't get me wrong we are more then happy to help this boy out. We feel like our home and environment would be a much more suitable place for him. She has been in and out of relationships and been arrested for different things. And we are not comfortable giving her money. We know that this child would not be the one benefiting from the money. We just don't know what are rights are and our legal obligations. We are not sure that going after her for custody or suing her for keeping him from my husband is the right thing for this boys emotional health. We could sure use some guidance! Thank you for your time.
Submitted: 8 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 8 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 8 months ago.

I certainly understand how stressful the situation can be

Expert:  FamilyAnswer replied 8 months ago.

Because she was married at the time, there would be a presumption that her husband was the father, along with the fact that he signed the birth certificate. The situation now, is that your husband did submit to a paternity test and it was determined he is the biological father. As such, she could try and go after him for child support. Moreover, I am inclined to believe that the ex husband, would not want to have to pay support for the child, if he is now, as a result of it being known the child is not his. Your husband does have a legal right now, to try and obtain visitation or custody of the child if he desires but if not, there still can be a financial obligation to support the child. If the other man is still in the life of the child and involved and only knows him as dad, then I do agree it may not be in the best interest of the child to advise him of all of this. If the mother wants money, force her to proceed through the court and have it ordered, especially if there is someone else supporting the child at this time.

Expert:  FamilyAnswer replied 8 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!