A paternity suit can be filed by the mother, by an expectant mother, by a man claiming to be the biological father, by the child or by the Department of Revenue.  The four-year Statue of Limitations is unusual in that it does not begin to run until the child becomes 18.  In such cases, the commencement of the paternity action must be before the child’s 22^nd birthday.

Under a limited number of circumstances set out by statute,  the Department of Revenue (DOR) is authorized to conduct an administrative hearing to establish paternity and support.  The putative father may receive an order to appear for genetic testing unless he requests an “informal review” with the DOR.  Although these proceedings are labeled “administrative hearings” and appear to be somewhat informal, the DOR’s determination of paternity and support are binding unless the father timely files a request for review of the order in circuit court.  It is in the best interests of the alleged father and even the mother to have the representation of an experienced attorney.

A putative father or the mother of a child may bring their own action in circuit court to determine paternity.  If the legitimacy of a child is questioned by the putative father, the court must make certain findings before genetic testing is ordered.  Before an order for testing is issued, it must appear to the judge that the complaint appears to be factually accurate, the suit is brought in good faith, the case will likely be supported by reliable evidence and the child’s best interests will be served if blood testing proves the child is illegitimate.

It is difficult, but certainly not impossible, for a man not married to the mother to prove that a child born to a woman in an intact marriage is his child.  He has the burden of proving all the allegations of his complaint and must be extremely certain that DNA testing will validate him as the biological father.

A putative father who has an interest in establishing and maintaining a parental relationship with a child must take affirmative action to protect his interest.  One of the first acts is to have his name placed on the Putative Father Registry maintained by the state’s Bureau of Vital Statistics.  He can take several steps out of court to have himself declared to be the child’s father with or without the mother’s help.  Providing support and doing other things to show he has a bona fide interest in the child will preserve his right to become the legal father.