Ex Threatening To Take My Child

[Mommyof2angels]

My question involves paternity law for the State of: Illinois

In April of 2005, I was raped by my ex. I had also started dating a new man. I became pregnant. I told both men that I was pregnant. My ex said he didn't want anything to do with me or the baby. He was very abusive while we were together. He also does drugs and drinks. So I moved on with my life with the new guy that I had started dating. He and I have been together almost 5 years now. Our daughter is 4 and our son just turned 1. He also signed her birth certificate. My bf is the greatest man, he has taken care of her financially and emotionally. By all means he's her father. My ex contacted me and says that she is his daughter and that he wants to see her. He also said that he has a lawyer and that he has a case and can take her away from us. Is this true? Do I need to get a lawyer? How do I know if he's telling the truth?

[distressedmom]

You know he is telling you the truth if you are served with papers to appear in court.

Consider talking to an attorney to see what your options are. (The best defense is a good offense. ) Your local bar association can help you get a low cost referral. If the BF is willing to adopt the first child, then you may be able to have your ex's parental rights terminated. Its a tricky thing, which is why an attorney can help you more than this forum.

[Dogmatique]

My question involves paternity law for the State of: Illinois

In April of 2005, I was raped by my ex. I had also started dating a new man. I became pregnant. I told both men that I was pregnant. My ex said he didn't want anything to do with me or the baby. He was very abusive while we were together. He also does drugs and drinks. So I moved on with my life with the new guy that I had started dating. He and I have been together almost 5 years now. Our daughter is 4 and our son just turned 1. He also signed her birth certificate. My bf is the greatest man, he has taken care of her financially and emotionally. By all means he's her father. My ex contacted me and says that she is his daughter and that he wants to see her. He also said that he has a lawyer and that he has a case and can take her away from us. Is this true? Do I need to get a lawyer? How do I know if he's telling the truth?

Was the rape reported?

Yes, it's important.

[Mommyof2angels]

I didn't report the rape, As I felt it was my fault. Now that I am older I realize that it wasn't. My boyfriend has taken full responsibilty for our daughter. I tried to read about the Illinois law, but I just don't understand it. Some parts say that if my ex had doubts that he only had 6 months to request a paturnity test, but if you keep reading some parts say 2 years. I'm just really confused. This man terrifies me. Since Saturday, I've been scared to leave my apartment. Not sure what to do.

[Dogmatique]

I didn't report the rape, As I felt it was my fault. Now that I am older I realize that it wasn't. My boyfriend has taken full responsibilty for our daughter. I tried to read about the Illinois law, but I just don't understand it. Some parts say that if my ex had doubts that he only had 6 months to request a paturnity test, but if you keep reading some parts say 2 years. I'm just really confused. This man terrifies me. Since Saturday, I've been scared to leave my apartment. Not sure what to do.

OK - then the rape cannot be used against him at this point (had it been reported and him convicted, the chances of him being able to successfully mount a paternity case would be virtually nil).

Unfortunately he CAN petition the court to request DNA testing, because you were unmarried when you gave birth. Whether or not he will be successful is anybody's guess but you really should speak with an attorney.

One thing isn't clear though - WHO is on the birth certificate? Your current boyfriend, or the ex?