A paternity suit to establish a father-child relationship may be filed by the child, the mother, anyone claiming to be the child's father, or any individual or government agency that is providing financial assistance to the child.
By contrast, only the child's mother or the child's "presumed father" have standing to file suit to establish the non-existence of a father-child relationship.
Contested paternity suits can be filed before the birth of the child. However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests.
Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty. However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts.
Contested paternity suits can be filed before the birth of the child. However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests.
Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty. However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts.
In order to initiate a paternity suit, the petitioning party must file a petition to determine paternity in the circuit court of any county where any party to the suit resides. The petition must then be served upon the responding party, along with a summons requiring him or her to appear in court on a particular date.
The child's legal guardian can represent the child in a contested paternity suit. However, the court has discretion to appoint a guardian ad litem. A guardian ad litem is an attorney appointed by the court to represent the child's best interests in the case.