Legal Question in Family Law in California

paternity test

Is there a statue of limitations on when a guy can ask for a paternity test. My sister's boyfriend signed the birth certificate almost 5 years ago and now is questoning the paternity.


Asked on 7/01/09, 9:52 pm

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: paternity test

There is a 2 year statute of limitations per statute. You would think that would end it, but I don't think it entirely does. There is another statute that allows a judge to order genetic testing with no reference to the 2 year statute and there was a published case under that statute (now a depublished case meaning it is no longer proper legal authority) that permits a court to order paternity testing and make determinations. So he is unlikely to be successful in his paternity challenge, although one can't say it is impossible.

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Answered on 7/01/09, 11:30 pm


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