Is there a time limit for a man to file for court-ordered paternity testing?

The answer to whether there is a time limit for a man to file for court-ordered paternity testing in New York depends on the circumstances of the case. Generally, a man has up to two years from the date the child’s mother filed a notice of paternity with the New York Commissioner of Health to file a petition for a court-ordered paternity test. If a man does not file a petition during that two-year period, he may be subject to sanctions from the court. Furthermore, if the mother does not file a notice of paternity with the New York Commissioner of Health within the first two years of the child’s life, the father may file a Petition to Establish Paternity at any time, and the court will still consider the petition. In these cases, the court will generally require evidence that the man knew the child was his and was financially supporting the child. In certain circumstances, the court may choose to limit the father’s ability to file a Petition to Establish Paternity. For example, if the mother of the child married someone else within the two-year period and claimed that individual as the father of the child, this may prevent the biological father from establishing paternity. Ultimately, it is important for the father of a child in New York to understand the time limits applicable to filing a Petition to Establish Paternity. In some cases, the father’s rights to seek paternity testing may be limited unless he takes immediate action.

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