My DH is listed as father on DSDs birth certificate, signed an ROP, has been her sole provider her entire life. DH recently filed for custody of DSD. 2 years ago DSDs mom told DH that DSD wasn't his and set up paternity testing for the man she thinks is the father. He didn't want to take the test and said he wanted nothing to do with DSD. Now that they are going to court and she is realizing she is losing, she is bringing this claim up again to have his rights revoked to DSD.
I have been trying to find information on statute of limitations on this but haven't had any luck yet.
I don't know the answer to that specifically, but I have heard of cases where the "acting" father will be considered the legal father of the child even if paternity proves otherwise, especially if the mother deceived him, because that is the father the child has known. Good luck, this sounds really tough!
Free advice.com has legal forums that you could ask that question for your state and they should have a legal person on there to answer that for you. google free advice.com and then search legal forums and look for the family law/child custody section.
Me and my wonderful husband serve God. Blessed with twin girls 2/11/11. <3
This is not legal advice. Generally regardless of a DNA test the court will continue to treat the person who has acted as the legal parent as the legal parent. This is not affected by a statute of limitation but by what is in the best interest of the child. The longer he has been her parent the more likely the court will be to maintain the status quo and treat the person who has been her father her whole life as her father. This is especially true when the other person has no interest in taking a paternal interest in the child.
Baby Mama, Law Student, Milk Maker: Mom-type to DSS 10/12/03, Mom to DS 10/05/06 and DD 11/03/08.