Legal Question in Family Law in Minnesota

Paternity 17 years later

A woman and a county wants a paternity test done I assume because she is reciving Title IV D welfare.Although a Paternity action was initiated in 1987 by said woman and different county.Alleged Father went to social Services after receiving letter from the social services.It said blood tests are required.The alleged answered all questions and was never asked or ordered for tests.Never heard from county or woman again until Oct.2004.Although a different county now.No clue if the other alleged fathers talked to county in 1987. Alleged father was told a woman has up to age 19 of a child to determine paternity.Is this under any circumstance?Isn't there a

staute of limitations?Isn't this a form of alienation?

Asked on 1/29/04, 8:32 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Paternity 17 years later

Last time I checked, the statute of limitations in paternity was three years. That was in a situation where the mother was married at the time she had the child, however, so there was another man who was presumed to be the father.

If this woman is not married at the time of giving birth or was never married, I would have to research how that might change the three year rule. What they are telling you could be right; but you would be very well advised to not take their word for it.

Consult a lawyer. As you can see, the rules are complicated. Good luck.

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Answered on 1/30/04, 11:51 am

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