Paternity

Question 1

Paternity Action

Answer 1

May be brought by the mother, the child, a man alleging that he is the father, the division of
family and children, or the prosecutor’s office

Question 2

Paternity Action: Registration

Answer 2

Man who is a party to a paternity action must be registered with the PUTATIVE FATHER REGISTRY

Question 3

Paternity Action: Burden of Proof

Answer 3

Mother must prove paternity by clear and convincing evidence

Question 4

Paternity Action: After Paternity Established

Answer 4

Father has all the rights and obligations of a parent

Question 5

Paternity Action: Evidence of Paternity

Answer 5

(1) Blood tests

(2) Affidavits

Question 6

Paternity Action: Statute of Limitations

Answer 6

(1) Person other than child = 2 years after child’s birth

(2) Child has until 2 years after attaining majority

Question 7

Marital Presumption

Answer 7

There is a rebuttable marital presumption that a child born to a married couple is their biological child

Question 8

Paternity by Estoppel

Answer 8

A husband who is not the biological father of his wife’s child may be estopped from denying his obligation to pay child support if:

(1) He REPRESENTED to wife that he would support the child;
(2) She RELIED upon the representation; and
(3) She suffered ECONOMIC LOSS