Paternity cases: when is a father not a father?

When the juvenile court has not issued a paternity Decree or the father has not signed off on a paternity affidavit. Then the father is not the father so far as the law is concerned.

Generally speaking, a two year statute of limitations exist for filing a paternity action. Sounds simple? Wrong. For every general rule, an exception exists. (That these exceptions exist to bite the person thinking they got the general rule down pat in the seat of their pants only reinforces my view that you really do not want to go mucking about in a lawsuit by yourself.)

Here are some of the general exceptions to the general rule:

1. Some actions by either parent can extend the time to file.
2. The child has a two year statute of limitations after turning age 18.
3. The responding party must raise the statute of limitations issue or lose it.
4. Someone else besides mother brings the suit before the child turns 18.