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Is there a statute of limitations for establishing paternity?

Auburn, IN |

I am trying to go after my ex for child support. He refuses. I allow him visitation time with our son even though he is not paying support and is also not listed on the birth certificate. I recently remarried and my new husband loves my son very much and would like to adopt him. My ex refuses. Can he deny my husband the opportunity to adopt him if he isn't listed on the birth certificate. Is there a statue of limitations on his ability to establish paternity?

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Attorney answers 3


How old is the child? He can establish paternity later in life, but he is not entitled to parenting time if paternity has not been established. Once paternity is established, he will be responsible for child support. Your new husband could attempt to adopt your son, but proper notice must be filed, and the putative father would have the opportunity to contest the adoption. It would be best to consult an experienced family law attorney. Best wishes to you.

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My son is 7 years old

Andrea Lynn Ciobanu

Andrea Lynn Ciobanu


Ok, so to answer the question, there is not really a "statute of limitations per se," but there has been sufficient time that has gone by, and he has taken no action. At the same time, your son is still somewhat young still. You should consult a good family law attorney and review the specific details, for instance, why the father has not established paternity, how involved he has been with the child, etc., etc..


The adoption hearing would sort all this out

Hire counsel


I agree with my colleague above. Should your husband decide to proceed with a step parent adoption, I would not recommend you take this course of action without assistance of an attorney. There are several statutory requirements that must be met and forms properly filed. The court, upon application, will consider several factors including the length of time and relationship between your new spouse and your child, the involvement of the biological father in the child's life, and the best interests of your child.

Responses by Dawn M. Boyd, Attorney At Law, to inquiries on this site are based on the information provided and are for general information only. Any responses and information presented should not be construed to be formal legal advice nor establish the formation of a lawyer/client relationship.

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