my ex husband is not my daughters father and she was born before we were married but in the divorce papers it states she was born into the marriage, what rights does that give him in illinois?
The parentage of your child should have been addressed before the Judgment for Dissolution of Marriage was entered and you case finalized. At this point, it appears that your ex has full parental rights, regardless of biology. You need to take your divorce papers to an experienced family law practitioner to review what has been done and to advise you further. We are unable to definitively answer in this forum.
Okay both you and your ex never mentioned to the judge who granted your divorce that the child was not his? Your ex now has full parental rights to the child.
On a side note you should read the papers that affect your life and stop telling whoppers under oath in front of a Judge.
is there a real good reason that neither you nor your husband told the judge or the lawyers that the papers were wrong? did you not tell your lawyer that your husband was not the father? or, in an effort to save money did you and your ex fill out papers incorrectly and then give them to the judge so you could get divorced?
did one of you put in the petition to dissolve that this child is a child of the marriage? did neither of you think about what that means?
you now have a judicial document that says this child is a child of the marriage. so, you can collect child support and he can get visits. if there is joint custody, he gets to make decisions with you about religion, education and health care.
or, one of you could file a petition to amend the judgment to show that this child is not one of the marriage. then you get no child support. and the child does not see your ex.
how old is the child? how long were you married? is this the only dad the child knows? if so, why take that away?
if you want to leave it, then go the the illinois dept. of vital statistics to get a new birth certificate showing your ex as the dad.
next time, when you sign papers or give them to a judge, please make sure they are correct.
did you not think the court papers were important when you filled them out and signed them?
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline