25-8-59 Actions contesting rebuttable presumption of paternity.
Actions contesting rebuttable presumption of paternity.
Any action contesting a
rebuttable presumption of paternity as established by §§ 25-8-50 to 25-8-58, inclusive, shall be
commenced in circuit court either sixty days after the creation of the presumption of paternity or the
date of any administrative or judicial proceedings relating to the child including proceedings to
establish a support obligation in accordance with § 25-8-52, whichever occurs earlier, except in cases
where there are allegations of fraud, duress, or material mistake of fact. In cases involving allegations
of fraud, duress, or material mistake of fact, any action contesting a rebuttable presumption of
paternity shall be commenced within three years after the creation of any presumption. The burden
of proof shall be upon the moving party and the payment of child support, or any other legal
responsibilities of the parties, may not be suspended during the pendency of the proceedings, except
upon a showing of good cause by the moving party.
Source: SL 1994, ch 204, § 11; SL 1997, ch 155, § 34; SL 1998, ch 157, § 11.