State ex rel. S.M.B. v. D. A. P.

Neely, Justice:

W.Va. Code, 48-8-1 [1961] makes it a criminal offense for any parent, without lawful excuse, to desert or willfully neglect or refuse to provide for the support of his or her legitimate or illegitimate child. W.Va. Code, 48-7-1 [1969] permits any unmarried woman to accuse any person of being the father of an illegitimate child within three years of the child’s birth to establish paternity as a foundation for a continuing obligation of support. The question before the Court today is whether the three year statute of limitations which circumscribes an illegitimate child’s right…