Publications

Ralda-Sanden v. Sanden

Illinois Appellate Court
Civil Court
Parentage
Citation
Case Number: 
2013 IL App (1st) 121117
Decision Date: 
Tuesday, April 30, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
HARRIS
Daughter filed complaint to establish paternity against Defendant, at age 22, three months after first learning of her father's identity. Daughter and her mother filed uncontroverted affidavits that mother, who had been a live-in nanny for Defendant, was raped by him, she never told daughter of his identity, and told her that he died in car accident. Courts may apply equitable tolling doctrine to allow a child to file a parentage claim past the Section 8(a)(1) statute of limitations period of the Illinois Parentage Act. (SIMON, specially concurring; CONNORS, dissenting.)