You have 60 days after the last notarized signature to rescind your voluntary paternity declaration. Before the 60 days are up, either parent can go to the child support office (in the county where the mother of the baby lives) and request a "rescission." This means that you are not sure that you are the father and you would like to request genetic testing just to make sure. Either parent can do a "rescission" without the other parent's permission; but it must be done before the 60 days are up. After the 60 days, the father of record is considered the legal father and this can only be changed in court.
Question: Illinois legal custody and rescission of voluntary acknowledgment of paternity? Alright, I'm in illinois. I had my daughter whenever I was 17 years old. My boyfriend (at the time) was with me whenever I had her, and his name was put on the birth certificate as the father. We both signed the Illinois Voluntary Acknowledgment of Paternity at the hospital. My daughter is nine months old now (its nine months later) and I am 18, and he is 17. She has been living with me and my grandparents the whole time, and never has stayed with him. I want to declare custody of her, and have his name taken off the birth certificate. (He isn't her dad) She has my last name. And I've found the document to have him removed from her birth certificate, but it must be done within 60 days of signing it, or "or the date of an administrative
or judicial proceeding to determine the issues of custody, visitation or
support." But, the document that made him the legal father isnt "conclusive" until 6 months after he turns 18. And he isnt 18 yet, so it isnt conclusive yet. Would that make it easier to change, or would I still have to go to court for custody to do it? And how would I go about declaring custody of her?
I will not be 18 and six months until October.
Answer: Probably the easiest way to get rid of the non-father is to go to court and file for child support from his parents (he is a minor and his parents would have to pay for him). Have someone suggest to them that a paternity test be done to confirm the parentage. When it is proven that he is NOT the biological father, I suspect his parents will be begging to get his name off the birth certificate, etc. so he won't have to pay support for a child that is not his.
The only fly in the ointment is that the judge may be reluctant for the child to have no father but you might point out that he doesn't see the child and therefore there is no relationship already. And of course, you are going to need a lawyer.
Why did you sign the Illinois Voluntary Acknowledgment of Paternity when you knew he wasn't the father or didn't you know then? And would that have even been valid considering both of you were minors? And can you repudiate that document or did your guardians co-sign it?
