In this article, our Naperville paternity attorneys explain the types of paternity cases that can be filed in Illinois. We discuss who can file a paternity suit, when a contested paternity suit can be filed, and how the courts proceed with these matters. We also discuss contested paternity suits as well as the statute of limitations regarding these types of cases. There are several causes of action in Illinois related to paternity, including:

• Establishing paternity by consent of the parents;
• Contested paternity suits; and
• Suits to establish the non-existence of a father-child relationship.

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In this article, our Naperville paternity lawyers explain the establishment of paternity by consent at birth.

When children are born to parents who are unmarried, hospitals and midwives are required by the Illinois Vital Records Act to provide the parents with the forms that allow the parents to simply and easily establish paternity by mutual consent, assuming that both parents agree.  These forms include:

• A petition to declare paternity by consent; and
• An agreed order to be entered by the court in which the petition is filed, which will establish paternity.

If the parents are in agreement about paternity, they can execute these forms and deliver them to the clerk of the circuit court.  The judge will then enter the agreed order without requiring the parents to appear in court.

In this article, our Naperville paternity attorneys explain what a "presumed father" is in Naperville paternity matters.

If there is a "presumed father" (as defined by the Illinois Parentage Act), there is a a higher burden of proof in a paternity case.

A "presumed father" is designated if any of the following are true:

• You were married to the child's mother, in a civil union, or in a substantially similar relationship at the time of birth;
• You were in a marriage, civil union, or a substantially similar relationship that was terminated within 300 days prior to the child being born;
• You were in an invalid marriage or civil union at the time of birth or within 300 days prior to the time of birth, which was entered into in apparent compliance with the law;
• You married the child's mother after the birth of the child and are listed as the child's father on the birth certificate.  

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