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  1. #1

    Default Statute of Limitations on Establishment of Paternity

    My question involves paternity law for the State of: New York

    I'm a US permanent resident living in NY. My child was born in NY and also has a non-US citizenship. The father of the child hasn't been involved since the beginning of the pregnancy and is not on the birth certificate. Are there any ramifications for me to move out of the US should the father later seek establishment of paternity? How many years does the father have to ask for DNA test? How can I ensure I remain the only parent.

  2. #2
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    Default Re: Statute of Limitations on Establishment of Paternity

    If you remain in the US, your ex can file to establish paternity (in NY) any time up until the child is actually an adult. If he does this before you move it's going to present a huge problem should you want to move at a later date.

    If you move to another country before paternity is established and stay long enough to establish legal residency there (Hague Convention notwithstanding...), if your ex pops up and wants to be part of the child's life he will have to follow your country's laws.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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  3. #3

    Default Re: Statute of Limitations on Establishment of Paternity

    Thank you very much for your reply, Dogmatique. I know this is a possibly tricky question but will try. Before I move, - how can I prevent entering into the paternity proceedings in the US? Do I have to personally sign for the delivery of the court papers or is the delivery deemed when served to a building with a doorman? I don't want to exclude the father from being involved should he later change his mind but would prefer to do so on my terms since he has not shown any support and I won't be able to financially afford to stay in NY.

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