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  1. #1
    Join Date
    Oct 2005
    Location
    illinois
    Posts
    5

    Default Joint Legal Custody

    the mother of my child is married and is trying to keep me from my little girl. is it possible for me to get joint legal custody?

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

    Default Paternity Problems

    Are you identified as the father on the child's birth certificate? (If not, is her husband identified as the father?)

  3. #3
    Join Date
    Oct 2005
    Location
    illinois
    Posts
    5

    Default

    right now her husband is. but i have the DNA test that proves she is my little girl. im trying to change all that now. allong with her last name.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Paternity Action in Illinois

    There is case law suggesting that you would be able to bring an action to attempt to claim paternity, although it is not immediately clear if the court would extend that to any situation - that is, to cases where the biological father is living with the mother at the time of conception or the marriage of the mother and her husband has disintegrated such that there is no intact family. The decision could be read to limit efforts to delegitimize a child to those circumstances, while preventing such an action if the family unit remains intact. See In re Parentage of John M., 212 Ill. 2d 253, 288 Ill.Dec. 142, 817 N.E.2d 500 (2d Dist. 2004).

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