Full question:
I would like to file a paternity suit based on the blood test results from the oldest daughter in my family. I made this discovery in August after I had filed for divorce. Daughter is 20 yrs old and her blood type doesnt match when mine and moms is mixed. I am retired military, so I can file in Kansas(formerly stationed there) or Iowa (residing there now). Do I have a paternity suit, and if so, which state would be the most advantageous to file in?
- Category: Paternity
- Subcategory: Age Limitation
- Date:
- State: Iowa
Answer:
In Kansas, you can file a paternity action in the county where the child, mother, or alleged father resides. However, such actions must be initiated before the child turns eighteen. In Iowa, the action must be filed in the district court of the county where the alleged father, mother, or child resides. Iowa allows actions to challenge paternity if filed before the child turns nineteen.
According to Iowa law (Iowa Code § 600B.41A), paternity can be overcome if subsequent blood or genetic testing shows that the established father is not the biological father. The petition must include details about the child and the parties involved, and it must be served to the other parent and any relevant parties.
In summary, both states allow for paternity suits, but the age limits and specific procedures differ. You should consider where you have stronger ties and possibly consult with a local attorney for advice on which state may be more advantageous for your situation.
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.