Legal Question in Family Law in New Mexico

How many years to request paternity test

How much time does a father have to request paternity testing. My daughter (5) doesn't look anything like me or my family, and there had been a question of infidelity. I was married to her mother at time of birth and conception and am on her birth certificate. I haven't had the financial means to pay for testing until now and would like to know for sure.


Asked on 9/22/03, 9:22 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: How many years to request paternity test

Reasonable time. What is that? Court will define. However, experience indicates that if you do not take action to disprove paternity quickly, if it is in doubt, the courts may saddle you with responsibility possibly till child is an adult and beyond, even if later you prove you are not the father. By the way, blood does not necessarily make the father, action makes the father.

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Answered on 9/23/03, 11:49 am
John Watson John Watson, Attorney at Law

Re: How many years to request paternity test

Your question clearly needs to be cleaned up and it needs additional information. First, you say you are in CA and your question affects NM law. Why is that? Second, is your divorce decree or court order from N.M.? Was the court order (if one exists at all) stipulated or did a judge order something? You don't say but it sure makes a difference in giving you an answer.

Third, lots of kids don't look like one of the parents. Then you say "there had been questions of infidelity." What does that mean in the legal context? When you were you married did mom cheat on you or do you suspect she cheated? You need to clarify this point. Did you raise the issue at the trial or did you just sign the papers? Who prepared the papers you signed?

You make a reference to being married in the past tense. Where (what state) was the divorce? Where (what state) was your daughter born in? Where does she live now and with whom?

Please resubmit your question with more clarification and we'll try to get an answer to you. The answer will vary from state to state.

Good luck.

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Answered on 9/23/03, 12:08 am


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