Legal Question in Family Law in Arkansas

statute of limitations on paternal determination

I am a Dutch woman with an 8-year old daughter. Her father is an American who was in the military when she was conceived and when she was born. When he was relocated, he gave me a false address. Through a friend I located him in November of 1996 and have since been trying to get him to admit to his fatherhood. Since he and his superiors in the military reserve and at his present job are uncooperative, I have hired an attorney here in the Netherlands who has written several letters to all three above mentioned with no response or a negative one. My attorney now tells me there is a statute of limitations on paternal determination of 5 yrs in Arkansas. Is this true and if so is it legal (I read something about the Supreme Court deciding that such a statute would be in violation of the 14th amendment). If it is true and legal, does the father's giving a false address 8 years ago have any bearing on this matter?


Asked on 3/14/98, 4:27 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Statute of limitations on adjudication of paternity?

I would be surprised to learn that such a statute exists because it really is the interest of the child which is critical here. But, then again, I practice in Massachusetts.Since your on the Net, go to www.delphi.com. That site gives a list of other sites where you can access the statutes of all the states. www.hg.com; www.findlaw.com; lawinfo.com. Dozens of different sites where you can access the law. Do you have any accurate information regarding the father of the child? the service he was in? the unit? He is unlikely to simply admit he's the father, but the court can force him to be tested. Have you contacted an Arkansas atty? As to your inquiry about the false address he gave you 8 years ago: if there were such a statute in Arkansas -- which I doubt -- then your not knowing where to find him would factor in to a court's determination to stay the statute until November 1996, when you finally located him. In the States, family courts keep jurisdiction over children until they are emancipated. Emancipation comes about -- for the most part -- after the child has finished his/her studies at college/university . . . if he/she has been a full time student during those years. In some instances, the child has been allowed to drop out of school and then return and have his emancipated state restored. The best course to follow is to assume, until you learn definitively otherwise, that there is no such statute of limitations and go after him. Good luck!Just a thought: have you contacted your child's American oma? Maybe she would be interested in knowing about her grandchild?

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Answered on 3/19/98, 4:25 am


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