What is the statute of limitations for challenging paternity?
In South Dakota, the statute of limitations for challenging paternity is one year from the date the paternity is established. This means that if someone challenges paternity more than one year after it has been established, the challenge will not be considered in court. The one year statute of limitations applies to all challenges to paternity in South Dakota. This includes both challenges to the establishment of paternity as well as challenges to the order for the execution of the child support agreement related to the paternity. The only exception to the one year statute of limitations for challenging paternity in South Dakota is if the respondent or alleged father was not given proper notice or if the alleged father did not have sufficient time to act on the notice prior to the expiration of the one year statute of limitations. In such a case, the court may extend the statute of limitations for no longer than an additional one year, provided the party challenging paternity can show that they had good cause to not act within the initial one year allowed. It is important to be aware of the statute of limitations for challenging paternity in South Dakota, as it may be necessary to take action within the specified time frame. Failure to do so may result in the court dismissing the challenge to paternity.
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