Legal Question in Family Law in Minnesota

paternity testing

18 months ago child's mother requested family services discontinue child support collections. She told ''father'' the reason was he was not the father.

Recently, she went to child services to ''go after the real father''. Was told there was a father listed on the birth certificate and it was in the child's best interest to ''go after that man''.

This child is 5 years old; is there any precedence to allow father to request paternity testing even after the 3 year time limit?


Asked on 3/13/01, 2:31 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: paternity testing

You misunderstand the law. The tree year time limit applies only

Under Minnesota Statutes � 257.57, it states that you may bring an action for the purpose of declaring the nonexistence of the father and child relationship. The action must be brought within two years after the father had reason to know he was not the father (but under no circumstances after the child has reached three years of age) only if the fatherhood is presumed because the father married the mother or attempted to marry the mother. In any other case, there is no statute of limitations.

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Answered on 5/22/01, 9:11 pm


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