Chicago Paternity Attorneys

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.

‍

In this article, our Chicago paternity lawyers explain the establishment of paternity by consent at birth. When children born to patents 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 Chicago paternity attorneys explain what a "presumed father" is in Chicago paternity matters.. If there is a "presumed father," as defined by the Illinois Parentage Act, there is a a higher burden of proof that must be shown to show the opposite.

A "presumed father" is considered 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.  

‍