How to Start a Custody / Paternity Case

 

Starting a paternity case in Illinois involves several formal steps, each with its own legal requirements. These cases, also called parentage cases, may address legal parentage, child support, parenting time, and parental decision-making responsibilities. Before filing, it is important to determine whether parentage has already been legally established and whether any existing orders affect what you need to request.

 

Step 1:  A court case generally begins with preparing and filing a Petition in the appropriate county. The Petition must identify the parties, explain the relevant facts, and specify what you are asking the court to decide. A Petition seeking to establish parentage must also be verified, meaning its factual statements are formally certified as true. Choosing the correct court and requesting the appropriate relief are important first hurdles.

 

Step 2:  The Circuit Court Clerk must then issue a Summons. The Summons and a copy of the filed Petition ordinarily must be formally served on the other parent by the sheriff or another person legally authorized to serve court papers. You generally cannot complete this step by personally handing over the documents or sending an informal email. Proof of service must also be filed with the court.

 

Service can become a significant obstacle if the other parent cannot be located or attempts to avoid delivery. Additional attempts, a new Summons, or a request for court permission to use an alternative method may become necessary. Filing the Petition does not, by itself, complete the notice requirements or produce the orders you are seeking.

 

Even at the beginning, you may be dealing with filing fees, electronic filing requirements, service arrangements, deadlines, and local court procedures. Mistakes can mean delays, additional paperwork, and added expense.

 

You may represent yourself, but speaking with a family law attorney before filing can help you understand which documents you need, what to request, and how to avoid unnecessary procedural problems.