When a child is conceived or born while a woman is married, Illinois law presumes that the husband is the legal father of the child. In some cases, the husband is not the biological father, possibly because of adultery or a relationship prior to the marriage. If you are the presumed father of a child that is not yours, you may want to free yourself of any financial obligation to the child. Getting divorced will not change presumed paternity, but there are legal processes to establish the biological father as the parent.
At Calabrese Associates, P.C., we understand how stressful a paternity case can be. Our Naperville, IL family law attorney has decades of legal experience, so you can trust him to provide you with strong counsel and representation in court.
When Is Paternity Presumed in Illinois?
As previously mentioned, the husband of the mother is usually presumed to be the child’s legal father. However, paternity may also be presumed when the child’s mother and another person were in a civil union or a substantially similar legal relationship. This can apply if the child was born during that relationship or if the child was born within 300 days after the relationship ended.