Legal Question in Family Law in Illinois

Paternity

Is there a statute of limitations on filing a paternity suit in Illinois? Does it matter if the alleged father lives in another state, namely, Florida?


Asked on 5/28/03, 4:02 pm

2 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Paternity

No, it does not matter where the father lives - it just becomes a jurisdiction matter. You can file up until the child reaches 18.

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Answered on 5/29/03, 11:58 am
Lawrence Falli Falli Law Offices

Re: Paternity

You CAN file paternity anytime at least until the youngest child's 18th birthday. BUT...

It is a big BUT. The sooner you file, the more likely it is you will get "retroactive" support going to the child's birth. If you wait too long, the judge may decide to give you support from the day you filed, not the birth.

Act quick.

Contact an attorney experienced in paternity immediately. Many divorce attorneys never handled a contested paternity.

If the child was conceived in Illinois, or the father can be served with the suit in Illinois, it does not matter where he lives.

Good luck.

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Answered on 5/28/03, 4:38 pm


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