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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Boyfriend Signed the Birth Certificate

    My question involves paternity law for the State of: IL

    I have an ex-girlfriend that claims that her child is mine, but I don't believe that it is. She was threatening to take me to court to have a paternity test. I told her that I would but that even if the child turned out to be mine I still wouldn't be involved in the kids life but I would provide financial assistance if it turned out I was the father. So when I told her that she said that she didn't want to have the test. Now all of a sudden she has contacted me again threatening to take me to court. The child is three years old now. I am wondering if she has a case because she had her boyfriend sign the birth certificate even though I don't believe he is the biological father? Her and the same boyfriend are still together. I believe she is mostly just contacting me to hassle me because she usually does when things are rocky in her personal life and I just want to know if she has is able to take me to court for a paternity test?

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Boyfriend Signed the Birth Certificate

    If the boyfriend did not file a timely motion to rescind his acknowledgment of paternity (60 days from the date of filing) they will have to initiate a court action to revisit the issue of paternity. If they successfully rescind his paternity, mom can name you in a paternity action and seek support. But she can't have it both ways - if her boyfriend is the child's legal father by virtue of being named on the birth certificate as the child's father, support is his responsibility.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Boyfriend Signed the Birth Certificate

    It has been over 3 years since the birth and he hasn't rescinded his acknowledgment of paternity.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Boyfriend Signed the Birth Certificate

    Oh yes, please let me sign that birth certificate that makes me the legal father...not the brightest bulb in the box .. & likely the actual father.

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