Paternity - statute of limitations, Part 1: 31-14-5

How long can one wait to file a paternity petition?

Well, that depends on who is filing the paternity petition.

1. A child may file anytime between the ages of 18 and 20 unless the "child is incompetent on the child's eighteenth birthday, the child may file a petition not later than two (2) years after the child becomes competent." Indiana Code 31-14-5-2(b) - (c).
2. If there has been public assistance and an assignment of child support rights, "the division of family resources or the county office of family and children may file an action before the child becomes nineteen (19) years of age or graduates from high school, whichever occurs first." Indiana Code 31-14-5-4.
3. Otherwise, you need to look at Indiana Code 31-14-5-3(b) and (c) :
   

(b)The mother, a man alleging to be the child's father, or the department or its agents must file a paternity action not later than two (2) years after the child is born, unless:

(1) both the mother and the alleged father waive the limitation on actions and file jointly;
(2) support has been furnished by the alleged father or by a person acting on his behalf, either voluntarily or under an agreement with:
(A) the mother;
(B) a person acting on the mother's behalf; or
(C) a person acting on the child's behalf;
(3) the mother, the department, or the county office of family and children files a petition after the alleged father has acknowledged in writing that he is the child's biological father;
(4) the alleged father files a petition after the mother has acknowledged in writing that he is the child's biological father;
(5) the petitioner was incompetent at the time the child was born; or
(6) a responding party cannot be served with summons during the two (2) year period.

(c) If any of the conditions described in subsection (b) exist, the paternity petition must be filed not later than two (2) years after the condition described in subsection (b) ceases to exist.

The next question is: what does all this mean?