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.
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