Legal Rights of Bio Father when Paternity Has Not Yet Been Established

[gypsyrose81]

My question involves paternity law for the State of: Illinois

When my daughter was was born, my boyfriend at the time was abusive and alcoholic. He did not come to the hospital to sign the parternity affadavit. When she was 6 days old I left and took her with me because his abuse was escalating. I moved to be with family in another state about 4 hours away. I filed an order of protection at first becuase he threatened my and my family's lives, but after he calmed down for about a month I allowed limited supervised visitation at my home with my family until it became clear that he was not going to discontinue his abusive behavior or drinking, and I told him he could not see her anymore. We were out of contact for about 2 1/2 years.

She is now 3 yrs old. About 8 months ago, he contacted me and I began allowing visitation again. He had served some jail time for DUI's, if that matters at all.

There have still been no establishment of paternity or any court ordered visitation papers filed. His behavior at first seemed to be acceptable, but as time passed he started showing his personality again, becoming increasingly more violent and aggressive in conversations.

Recently he threatened to kidnap her and told me I would never see her again. During her last visit, he refused to bring her back, so two days after she was due back at my home, I went and picked her up.

I have decided that I no longer want him in her life and will be filing another restraining order, as in addition to threatening to kidnap her he also threatened myself and other members of my family with physical violence.

My current fiancee would like to adopt her. Since there is no father's name on the birth certificate, if we were to add my fiancee as her father, what would her bio father need to do if he wanted to pursue paternity and visitation?

[Baystategirl]

My current fiancee would like to adopt her. Since there is no father's name on the birth certificate, if we were to add my fiancee as her father, what would her bio father need to do if he wanted to pursue paternity and visitation?

You expect the members here to assist you in paternity fraud? You are aware of the legal (criminal) ramifications of what you are proposing??

[gypsyrose81]

I don't wish to commit fraud of any kind, I wish to protect my daughter from a man who has not been confirmed as her father in any way either via genetic testing or by signing a voluntary paternity affadavit, and who also happens to be abusive and violent with a criminal history as recent as 8 months ago. The man who wants to be her father is a preschool teacher with a Masters and teaches college classes on Early Childhood Education. I am merely looking for the best way to protect my daughter and resolve this issue.

[gypsyrose81]

Also it's my understanding that "paternity fraud" refers to cases where a woman puts a man on a birth certificate without his consent for the purpose of obtaining child support. I don't wish to do that either.

[gypsyrose81]

Also, if she chooses to have a relationship with him when she is older, I won't prevent that. Right now I don't feel that it is a safe environment based on his actions.

[LawResearcherMissy]

Right now I don't feel that it is a safe environment based on his actions.

That's all well and fine, but you still can't put your fiance (one e. Two ee's is the feminine form, I won't tell him you called him a girl ) on the birth certificate. That would, in fact, be paternity fraud - you would be lying on a government document about who the child's biological father is.

Right now, the best way to protect her is to stop allowing her actual father visitation. In the absence of legally established paternity and court ordered visitation, you have no obligation to let him see her at all, let alone unsupervised.

So don't let him.

Leave the ball in his court. If he wants to be involved in the child's life, make him make the effort. Let him file for paternity testing (or voluntary acknowledgment, but at this late date, I believe the court will require testing), let him file for a visitation order - and when he files for visitation, be certain to have documentation of his behavior so that he gets only minimal (and possibly supervised) time.

[aaron]

Nobody here is going to tell you that it's wise or appropriate to lie on an acknowledgment of paternity.

You should consider the path of step-parent adoption, premised upon either the biological father's consent or, if you can satisfy the statutory criteria, by having a court terminate his rights.

[gypsyrose81]

Nobody here is going to tell you that it's wise or appropriate to lie on an acknowledgment of paternity.

You should consider the path of step-parent adoption, premised upon either the biological father's consent or, if you can satisfy the statutory criteria, by having a court terminate his rights.

What would typically, in Illinois, constitute the statutory criteria for a request to terminate his rights?

[aaron]

Go here and read the definition of "unfit person" in 750 ILCS 50/1.