Sunday, October 28, 2007

Paternity - statute of limitations, Part 2 - what to do

Okay, you have read Paternity - statute of limitiations, Part 1: 31-14-5, right? You know how long one can wait to file for paternity, right? If you have not read the other article, you might want to go read it now. Definitely read it after you finish reading this.

What doe all those dates mean? That answer depends on if you are wanting to establish paternity or wanting to defend against a paternity case.

  1. For establishing, the statute of limitations tells you when you ought to file a petition.
  2. For defending, it means you have a defense but what we lawyers call an affirmative defense - do not make the defense at the right time and it is lost.
Later, I will discuss who can file a paternity petition. Over the past twenty years, I have represented both fathers and mothers in filing petitions to establish paternity. What I say now is for those who are served with a Petition to Establish Paternity that they want to defend against: get an attorney, now.

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