Full question:
Can I sue the Mother or presumed biological father after 15 years of voluntary parternity in which the mother stated in court I was the father? The mother, after 15 years of paternity, is claiming and submitted DNA proof that there is a posibility another man is 99.99% is the biological father of the child.
- Category: Paternity
- Date:
- State: Alabama
Answer:
The time limits for filing an action to establish parentage vary based on the situation:
If a child has no presumed, acknowledged, or adjudicated father, a proceeding can be started at any time, even after the child becomes an adult. However, only the child can initiate this after reaching adulthood, or if a previous paternity case was dismissed due to a statute of limitations.
If paternity is being determined for support purposes, this action cannot be initiated after the child turns nineteen, unless stated otherwise by law.
A presumed father can challenge paternity at any time. If the presumed father continues to act as the legal father, neither the mother nor anyone else can challenge this status.
To disprove paternity, clear and convincing evidence is required. If there are conflicting presumptions, the one that aligns more with public policy and logic will prevail. A court decree establishing another man as the biological father will rebut the presumption of paternity.
For more details, refer to the following statutes: SECTION 26-17-609, SECTION 26-17-606, and SECTION 26-17-607.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.