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If a child was born in one state over 10 years ago but now resides in another state, which state's laws apply to challenging paternity? (I.E. child's birth state only allowed paternity to be challenged for 2 years after birth so family was not at risk of 3rd party challenging paternity of child born into a marriage, but now they have moved to a new state that doesn't have time limit on when one can challenge paternity... So, which states laws apply?)
If there was no court action previously then the state where the child is a resident has jurisdiction. Or, if neither parent still resides in that jurisdiction then it goes where the child resides. But if there was court action and one parent remains in the jurisdiction then that court retains jurisdiction.
One thing that it may depend upon is the nature of the court action. Are we talking about
- child support,
- adoption,
- inheritance, or
- something else?
Looks like OP listed paternity as the reason for a court challenge.Quote:
Originally Posted by AK lawyer
One doesn't usually sue merely for the purpose of obtaining a declaratory judgment establishing paternity. Paternity would be a finding of fact on the road to a conclusion of law such as "and therefore said father shall pay child support."Quote:
Originally Posted by califdadof3
Also, I don't know who is thinking about going to court over the paternity issue. OP said something about "a third party challenging paternity". The use of the phrase "third party" makes the "lack of standing" bells ring.
Mother of child was married & had affair. During time of affair, mother got pregnant with child. Child could have been husband's or third party's. Mother and husband remained together, husband is on birth cert. has been "Daddy" for 10+ years. Third party with whom woman had affair has always known of child, knew of pregnancy, knew at birth and has known all along was chance child could have been his. Never provided support, requested paternity test, wanted to be on birth cert or wanted responsibility of child. There is no established relationship at all between 3rd party and child. Child knows nothing of third party and all these years later has a good, stable life. Mother has on & off sent updates of general well being and a picture here or there via email to third party. Now, third party has had sudden change of heart and wants to be "Daddy". Wants to have contact with child. Threatened to "take mother to court" to force paternity test. Mother is fearful for child's emotional well being. Would be very traumatic to child to suddenly have other man trying ot be "Daddy" if indeed he were bio-parent. And though husband is aware, the stress of a court battle etc could be damaging to marriage, further eroding this poor kid's stability. The state child was born in only allowed third party to challenge paternity of child born to husband & wife for small window of time long ago past, but family moved to new state that seems to not have such clear guidelines. Would a court really tear a kid's world apart because an adult made a decision over 10 years ago? Seems cruel and clearly not in child's best interests:confused:
The current state of residence would probably have jurisdiction here. But most such laws are written with the best interests of the child in mind. The court will probably take into account the disruption this might cause to the child and family in making any decision.
A trip to a local Family law attorney would be well advised.
So the man ("third party") who claims to be the biological father is seeking a declaratory judgment that he is the father, with no other specific relief requested.Quote:
Originally Posted by woodie75
Under these conditions, I would question whether the court in the child's home state, or a federal court in any state, even has jurisdiction to decide. It could be argued that it is not a "justiciable" question; and that such a case is unripe. "An unripe question is one for which there is not yet at least a threatened injury to the plaintiff... ". Under these circumstances, I see no threat of injury to the ". Under these circumstances, I see no threat of injury to the ".
Assuming that it is justiciable, one would probably have to look to the most general statute of limitations on the home state's books. Many such state SOLs are shorter than 10 years. The SOL would begin running, I would think, at the moment he had sex with the mother.
What state is it?
Yes-it depends on which state has jurisdiction over the case.Quote:
Originally Posted by AK lawyer
If it is a case in California,there is statute of limitation.If it is a case in Tennessee or Illinois then the mother's lover has right to ask DNA test performed at any time,and if it is proven as the BF then he will prevail.
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