Is there a time limit for a man to contest paternity?
In New York, there is a set time limit for a man to challenge paternity. The time limit for a man to contest the presumption of paternity is 4 years from the date of the child’s birth. The time limit is imposed by the law known as the Statute of Limitations. The Statute of Limitations is a law that sets a limit on the amount of time a person has to file a legal claim or action. In other words, a father must legally challenge paternity within 4 years of the child’s birth. If a man fails to challenge paternity within the 4-year limitation period, he may lose his right to legally contest paternity and the court will presume the paternity action is accepted. Additionally, if a man has been paying child support for more than 4 years, the court may assume that the father has accepted paternity and will not allow him to contest the paternity any longer. In some cases, a person may be able to get around the time limit if they can prove there was a “reasonable excuse” for their late challenge or that the other party had “fraudulently concealed” the father’s paternity of the child. However, New York courts are very strict in the application of paternity law and being able to prove these exceptions to the Statute of Limitations can be difficult.
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