Butler Giraudo & Meister
Peoria 309-407-3332
Morton 309-263-1204

How should you respond to paternity fraud?

If your wife comes to you with the news that she is pregnant with your child, you may feel excited, nervous or surprised. But what should you do if you find out later that you are not the true father of the child? You may learn that the mother committed paternity fraud. This sometimes occurs when a married woman wants to hide an extramarital affair that results in a pregnancy. In Illinois, it may be difficult to prove paternity fraud, but there are a few steps you may take if you suspect you are not the child's father.

Determining the true parentage of a child is essential because it may have a significant impact on legal rights and responsibilities as well as financial issues. The Circuit Court of Cook County provides information on the Illinois Parentage Act of 2015, which covers the establishment of parentage in the state. According to the law, if you were married to the child's mother within 300 days of the child's birth, the law presumes you to be the father. If you are not in fact the child's biological father but your wife does not suggest that there is another potential father, she may be deliberately committing paternity fraud.

If you suspect your wife has committed paternity fraud, there are a few actions you may take. You may file a legal form to declare the non-existence of a parent-child relationship between yourself and the child. According to the law, you must initiate this action within two years of learning the relevant facts relating to paternity. For example, if you learn through a DNA test that you are not the child's father, you must initiate the legal action within two years of receiving the test results. If the court agrees that you are not the child's father, you may stop being subject to child support requirements and similar legal orders.

This information on paternity fraud is intended to educate and should not be interpreted as legal advice.

No Comments

Leave a comment
Comment Information
  • I cannot even express in words the level of gratitude that I feel. ‘Thank you’ doesn't seem to be enough. Please know that your services and compassion will never be forgotten! I am forever grateful!

  • Thank you so much for your hard work and expertise. I feel as a father in the state of Illinois that what I am trying to achieve is nearly impossible. I am so glad I chose to have your office full of extremely intelligent women represent me.

  • We would like to say thank you for your expertise, education, and kindness when we met with you! Your confidence has helped to comfort us and give us hope that resolution of the issue is possible.

  • I just wanted to say thank you from the bottom of my heart for all your time, energy, and efforts you put into our case. Thank you for helping make our son's quality of life better. I cannot tell you how happy we are!

More Testimonials
Contact Us Today

Contact Our Lawyers About All Areas Of Family Law

We are driven and committed to a successful outcome for all of our clients. To arrange a consultation with attorney Susan Butler, Kelly Giraudo or Tamara Meister, call 309-263-1204 (Morton) or 309-407-3332 (Peoria). You can also contact our law firm by filling out the form below. With offices in both Peoria and Morton, we work hard for our clients while getting to know them as people.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Morton Office
100 S. Main Street
Morton, IL 61550

Toll Free: 888-314-9667
Phone: 309-263-1204
Morton Law Office Map

Peoria Office
110 SW Jefferson Street
Suite 410
Peoria, IL 61602

Toll Free: 888-314-9667
Phone: 309-407-3332
Peoria Law Office Map

Morton Office Peoria Office