Are there any limitations on contesting paternity after it has been established?

In West Virginia, there are legal limitations on contesting paternity after it has been established. The law states that any action to contest paternity must be filed within four years of when the order granting paternity was issued. If the court finds that the father knew or should have known of his paternity before the four-year time limit, then the court may still allow the action to move forward. In the case of legally-established paternity, the law also states that the father may not challenge the legitimacy of the child unless it is based on fraud, duress, or mistake of fact. The father must show clear and convincing evidence of one of these conditions in order to have any chance at successfully contesting the paternity. On the other hand, if the court determines that the father had knowledge of the child prior to the four-year time limit, then the court may allow an action to contest paternity unless it is barred by another law or statute. If the father has putative knowledge of the child prior to the time limit, then he may still contest paternity, but the burden of proof to do so is much greater. Overall, there are legal limitations to contesting paternity in West Virginia. Any action must be brought forward within four years of the order granting paternity and the father must prove he was unaware of his paternity before the time limit or that fraud, duress, or mistake of fact occurred. These limitations exist to protect the rights of both the father and the child so that paternity is determined in a timely manner.

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Are there any limitations on contesting paternity after it has been established?

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