Legal Question in Family Law in Illinois

If a woman pays rent and works in Chicago, can she file a paternity suit in MO? Her mom lives in MO and she will deliver baby in MO. The "potential" father lives, pays rent, works, has drivers license in IL. Thank you


Asked on 6/06/12, 7:47 am

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Assuming that she is keeping the child and not placing it for adoption, the proper venue is Illinois and the potential father should, at the very least register with the "Putative Father Registry" maintained by the State of Illinois. This requires the mother to notify the putative father before placing the child for adoption and protects his rights in and to the child. If the child is being born in Missouri, depending on the laws of that State, she probably can file a paternity suit there but it doesn't make a lot of sense. The way for father to avoid that is to file a suit before the child is born in the Circuit Court of Cook County to establish parentage of the child. A preemptive suit will avoid the whole issue of mother filing in Missouri. You will need to go to 28 North Clark in the Loop and get the proper paperwork from them if you intend to do it yourself. Better you should hire a lawyer, request a DNA test before admitting paternity since once you admit paternity or sign a voluntary acknowledgment, you are on the hook for child support for the next 18 years. The cost of a lawyer is minimal by comparison.

Read more
Answered on 6/06/12, 9:04 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois