Paternity: Statute of Limitation in Establishing Paternity in Child Support
Paternity is the legal definition used for describing the biological father of a child. This legal position can be established by open admission by the man that he is the father of the child or through medical testing. Establishing parentage when a child is born to unwed parents is crucial for determining support.
Statute of Limitations Regarding Paternity
The mother has the right to establish who the biological father of her child is from the moment it is born. She then has until the day the child reaches adulthood, the age of 18, to seek paternity verification. Once the child has reached adulthood, the Statute of Limitations is applied and she can no longer demand parentage validation.
In most cases establishing the biological father is established for reasons of support. Every child is entitled to be supported emotionally, socially, and financially by both parents. While the court cannot enforce emotional or social interaction between parent and child unless there are specific issues at hand, they can enforce the financial obligations of the father to ensure that the child receives the support they deserve.
A woman can seek testing for parentage until the child reaches adulthood. Up until that time, she may also be able to seek back child support for her child if no support has ever been received. If the child qualifies for back support, the mother will need the assistance of a Tulsa paternity attorney to help her make her case before the court.
It should be understood, however, that if the child reaches adulthood and then later establishes who their biological father is, she cannot seek any type of back child support from this individual. This is why it is very important to establish parentage as soon as possible after the baby is born.
If you need to establish the parentage of your child or you have other questions about child support and related issues, you are encouraged to speak with a Tulsa paternity attorney about your case. Your attorney will be able to answer all of your questions and help you protect the rights of your child regarding support.