In this article, our Chicago paternity attorneys explain the types of paternity cases that three different primary types of paternity cases that can be filed in Chicago.We discuss who can file a paternity suit, when can a contested paternity suit 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.
Illinois provides that certain forms must be presented to non-married parents at the hospital upon the birth of a child, which allow the parents to facilitate establishing paternity by mutual consent. These forms include:
- An agreed order to establish paternity by consent, and reserve issues of child support until a later date; and
- A verified petition to declare paternity.
A paternity suit to establish the existence of a father-child relationship can be filed by the mother, the child, anyone claiming to be the child's father, any person or agency with custody of the child, or any person or agency providing financial assistance to the child.