Which State Has Jurisdiction in Paternity Cases? | Where to File Your Paternity Case

Article written by Illinois Attorney Kevin O’Flaherty

In this article we answer the question, “which state has jurisdiction in paternity cases?” and explain where to file your paternity case, with a particular view toward Illinois law. To learn more about Illinois paternity law and how to establish paternity, check out our article: Illinois Paternity Law Explained.

In order for a court to enter a binding order in a paternity case, it must have both subject matter jurisdiction and personal jurisdiction. The case must also be filed in the proper venue, meaning the correct county court within the state.

What is Subject Matter Jurisdiction in Paternity Cases?

Subject matter jurisdiction, is the court’s ability to hear the particular type of case at hand. In Illinois the state circuit courts have subject matter jurisdiction over paternity cases. This means that paternity cases should be filed in state court rather than federal court.

What is Personal Jurisdiction in Paternity Cases?

Personal jurisdiction is the court’s ability to issue binding orders with respect to the particular parties to the case. In order to enter a binding order in a paternity case, the state in which the case is filed must have personal jurisdiction over the party who did not file the case.