Statutes of Limitations and Paternity Tests?
A statute of limitations is a law that prevents someone from bringing a legal action against another party after a certain amount of time has passed. Statutes of limitations vary from state to state, and can be applied differently depending on the type of legal action. In many states, statutes of limitations are applicable to actions to establish paternity.
Listed below are the applicable statutes of limitations for several states, with regard to paternity actions:
California - 3 years after child's 18th birthday (Cal. Code Civ. Proc. 338)
Florida - 4 years after child's 18th birthday (Fla. Stat. 95.11)
Illinois - 2 years after child's 18th birthday (Ill. Rev. Stat., Ch. 40, Para. 2508)
Massachusetts - None
Michigan - Before child's 18th birthday (M.C.L. 722.714)
New Jersey - 5 years after child's 18th birthday (N.J. Stat. 9:17-45)
New York - Before child's 21st birthday, unless paternity has been acknowledged by father in writing or by furnishing support (NY CLS Family Ct Act 517)
Ohio - 5 years after child's 18th birthday (Ohio RC 3111.05)
Pennsylvania - Before child's 18th birthday (23 Pa.C.S. 4343)
Texas - None (Tex. Fam. Code 160.606)
Virginia - None
Do I Need A Lawyer?
If you are dealing with a paternity issue, and are concerned that a statute of limitations might apply to your claim, you should contact a lawyer. A lawyer with experience in family law can help explain the law in your state, and how it applies to your case. |
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