Q: Complaint For paternity within 4 years after the child is born. Does this apply to father who didn’t know about child?
Mother is trying to get child adopted by her current husband. Would the four year rule still apply if the father is not aware that a child was born.
A: The four year statute of limitations does not have an exception for a father not knowing about the child. That being said, there are a number of ways to successfully get around the four year statute of limitations depending on your circumstances. The most common is to request the State to file an action to establish paternity as the 4 year statute of limitations does not apply to paternity actions brought by the state. The State would then likely bring an action to establish paternity and for child support. Once paternity is established, the parent can ask for a court order of parenting time with their child.
That being said, the Court could still potentially allow the adoption to proceed if the Court finds that such is in the child's best interest and the child and biological father have had no relationship. If the biological father wants to have a relationship with his child, he needs to contact an attorney or may waive some of his potential arguments.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.