Legal Question in Family Law in Florida

Re: Establishment of Paternity

Generally, one state will give deference to any paternity actions adjudicated by another state. Therefore, whichever state made a judicial decision of paternity first, if made validly and without the involvment of fraud, it will be upheld by other states. You will have to research the state laws of New York or consult local counsel for information regarding any limitations of time to establish paternity.

Re: Establishment of Paternity

I would add to Atty Troutwine's answer as follows:

Anytime during the "minority" of a child, a "putative" or "possible" parent, may file a Paternity Petition. However, the age of majority (or end of minority) is not uniform from state to state. In NY the age of majority is 21, but in many if not most other states, the age of minority ends at 18.

An "adult" child cannot usually be made, to subject themselves to paternity testing, absent their consent, either actual or constructive.

In addition, if a child has been adopted, and all procedures in the adoptives' State have been duly followed, the right to file a Paternity Petition may be ended before the end of the child's minority,pursuant and subject to the state's rules concerning adoptions, that most other states, will recognize.

Good luck,

Phroska L. McAlister,ESQ