First, fill out and sign the forms listed below. Make 3 copies of each form.

• Petition: Starts the case and gives the judge information as to why you are filing. Select the appropriate form below:
  • Mother's Petition
  • Father's Petition
• Notice to Presumed Parent: not needed if Section 6 of the Petition does not apply to your case.
• Parentage Summons: tells the other person about the case. You will get a court date when you file your case.
• Affidavit of Military Service
• Application for Waiver of Court Fees: needed only if you cannot afford the court fees

Most family law cases in Illinois are filed in the county where the child lives. You may not be able to file your case in Illinois if:

• The other parent does not live in Illinois, or
• The child has lived in Illinois for less than 6 months.

Some rules vary from county to county, including rules about:

• case management conference,
• parenting classes,
• mediation,
• need for financial affidavits, and
• whether to list your child's name or initials on court papers.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

Take one copy of the petition and the summons to the sheriff in the county where the other parent lives or works. The sheriff will serve the respondent (other parent) with the papers. If you were granted a fee waiver, give a copy of your Order Granting Fee Waiver to the sheriff. If you do not have a fee waiver, you will have to pay the sheriff for service. Keep a copy of the petition for your records.

If a Notice to Presumed Parent is required in your case, you have two options:

• Give a copy to the sheriff to serve, or
• Give the Notice to the circuit clerk with an Affidavit of Last Known Address and the required mailing fee for the clerk to mail.

If you do not serve the respondent with a summons telling them about your case within the required time, the case may be dismissed.

Learn more about how to serve a summons.

After the other parent is served with the summons and petition, all other service is done by mail. You must fill out and file a Proof of Service each time you mail the other parent a court document.

The sheriff will fill out the Proof of Service section of the summons. They will either file it with the court or return it to you.

If they are going to file it with the court, call the circuit clerk before your court date to make sure the summons was returned. Ask the clerk how to get a copy of the Proof of Service.

If the sheriff returns the summons to you, file it with the circuit clerk. Keep a copy for your records.

If the other parent was not served, you must try to serve them again with an alias summons. An alias summons is a second summons. You can serve an alias summons just like a normal summons. You cannot move forward with their case until the defendant is served.

If you are not sure whether the judge will find that you or the other parent are the child's parent, you may want to wait until after the court decides parentage to file a Parenting Plan and take the court-approved parenting class.

Learn more about Parenting Plans.

If you take the parenting class before your hearing, bring a copy of your proof of completion. If you filed a Parenting Plan before your hearing, bring 2 copies to your hearing.

Before the hearing, prepare the Order for Parentage and Allocation of Parental Responsibilities by filling in the parents' names at the top of the order. 

Go to the hearing. Below are some common possibilities and tips for each one.

The other parent comes to court and agrees with you

If all goes well, you will testify briefly, and the judge may grant your request. Give the judge proof that you took the parenting class. The other parent may also need to show they took the class. The judge will sign your Order for Parentage and Allocation of Parental Responsibilities. Keep one copy of the signed order for your records and give one to the other parent.

The other parent does not come to court and does not file a response

You can ask the judge to find the other parent in "default." You may be required to schedule another court date to enter your order. You will need to fill out and send the other parent a Notice of Hearing. If the other parent does not come to court on the next court date, the judge may ask you questions under oath and grant your request. Give the judge proof that you took the parenting class. The judge will sign your Order for Parentage and Allocation of Parental Responsibilities. Keep one copy of the signed order for your records and mail a copy to the other parent. Then fill out and file the Proof of Delivery with the circuit clerk.

You go to court and something still needs to be done in your case

Maybe you have not taken the parenting class yet, or the other parent was not served properly. The judge will tell you what you need to do and when to come back to court.

The other parent comes to court and does not agree with what you want

If the other parent denies parentage, the judge may order DNA testing. You may have to pay for that testing, or the cost may be shared. You may be able to get the fees waived if you had your court fees waived. The court will get a report about the DNA results. The judge may give the other parent time to file a response and will schedule another court date after the DNA testing.

If the other parent admits parentage, or if it is proven by DNA testing, the other parent may not agree about allocation of parental responsibilities. You then have a contested case. The judge probably order you and the other parent to go to mediation. There is a fee for mediation, but you may be able to get your fee waived if your court fees were waived. The judge will give you another court date. If you and the other parent do not reach an agreement in mediation, the judge will probably talk to you at the next court date about having a trial. A contested trial can get complicated, and you may want to get a lawyer.

Learn more about an allocation of parental responsibilities.