My question involves paternity law for the State of: Illinois
I had previously listed a situation that was in need of need of being resolved. Well the situation has in deed changed. To keep those up to speed
I am not bio dad but signed the AOP/VOP (yes i know it wasn't right/fraud)
The biological father will not and refuses to take responsibility, (sadly enough he figures he can get the cake and eat it too)
The bio thinks that he can convince mother of child to visitation and such and he will never have to pay a dime!
I have not (in over 5 years been) involved in the childs life (The child know's the facts and has even spoken with bio dad).
The mother and I agree that removing my name is the for the best of the child's well being.
The mothers fiance is more than willing to take over the fatherly rights he has been doing not long after birth.
All parties are in agreement that this is in the best interest of the child (financially, emotional, physically etc)
Now the question is that since i haven't been around in the child's life for such a duration of time and the child is in full knowledge of whom his bio dad is and who has been fathering him pretty much his whole life. What is the best course of action. Keep in mind i don't know everything about the laws either.
Should i file a motion to surrender rights?
Adjudication of Parentage?
I am not 100% sure of the difference.
The fact is that while all parties are doing well in all aspects, the best intentions of the child are the main reason for the need of resolving this issue.
I knew prior to birth that the child wasn't mine as did she. However the biological father has been advised of his rights, even more so was told about the whole process. His response was similar to what was believed it to be, only worse. His only area of concern was that he wouldn't have to pay Child Support.
The person whom has been the father in this child's life want's to place his name on the child's birth certificate as soon as he can.
(I was told that since i am the legal father and the biological father has no intentions on stepping up to the plate there is no legal recourse for a lawsuit, either criminal or civil)
I understand what i am surrendering and know the solution will be final and there is nothing i can do once it's done (all parties agree with every aspect).
Granted people are having financial crisis problems, but those involved are doing alright, we do want this to be easily done, least impacting on the child,
and the lower the cost would be helpful. It would help all involved from just throwing away money. All parties have children in some way, we love our kids. It's just the unresolved issue's need to be laid to rest.
Aside from the whole DNA test and having my name removed from the Birth Certificate (i was informed that the chance i had was like 10% at best considering the biological won't accept responsibility.
Yes i understand as the AOP states that both my ex (the child's mother) and myself cannot challenge each other due to the fact that we surrendered these rights after 60 days, even though she is stating that there was duress from a source (statue of limitations are 2 years max unless circumstances existed. Are there other options?
I understand that if i were to surrender my rights the person fathering the child would have to sign at the same time and the judge would have to approve. For those reading yes i am in a sense giving up a biological father's right to another, the biological father just doesn't want to pay CS, never has and never will. I would be surprised to see him (the bio dad) even 10% involved in the child's life in a positive way.