FACTOID # 20: Statistically, Delaware bears more cost of the US Military than any other state.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
RELATED ARTICLES
People who viewed "Paternity" also viewed:
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Paternity
Family law
Entering into marriage
Prenuptial agreement  · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation  · Civil union
Domestic partnership
Registered partnership
Dissolution of marriage
Annulment  · Divorce  · Alimony
Issues affecting children
Paternity  · Legitimacy  · Adoption
Legal guardian  · Ward
Emancipation of minors
Parental responsibility
Contact (including Visitation)
Residence in English law
Custody  · Child support
Areas of possible legal concern
Spousal abuse  · Child abuse
Child abduction
Adultery  · Bigamy  · Incest
Conflict of Laws Issues
Marriage  · Nullity  · Divorce

Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. Image File history File links Scale_of_justice. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... A prenuptial agreement or antenuptial agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people prior to marriage or civil union. ... The examples and perspective in this article or section may not represent a worldwide view. ... Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married. ... Same-sex marriage is marriage between two people who are of the same characteristic sex. ... Cohabitation is an arrangement where two unrelated people live together, often as part of a sexual relationship. ... A civil union is one of several terms for a civil status similar to marriage, typically created for the purposes of allowing same-sex couples access to the benefits enjoyed by married opposite-sex peoples (see also same-sex marriage); it can also be used by opposite-sex couples who... Domestic partner or domestic partnership identifies the personal relationship between individuals who are living together and sharing a common domestic life together but are not joined in any type of legal partnership, marriage or civil union. ... See also: Civil Union Volker Beck, a member of the Green party caucus of the Bundestag, is the father of the German law. ... Annulment is a legal procedure for declaring a marriage null and void. ... Divorce or dissolution of marriage is YOUR MUM the ending of a marriage before the death of either spouse, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support... Freiheitsrechte Recht auf Leben, Freiheit, Eigentum, Sicherheit der Person Allgemeine, nur durch Gesetz beschränkbare Handlungsfreiheit Freiheit von willkürlichen Eingriffen in die Privatsphäre (Wohnung, Briefgeheimnis etc. ... Adoption is the legal act of permanently placing a child with a parent or parents other than the birth parents. ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ... In law, a ward is someone placed under the protection of a legal guardian. ... Emancipation of minors is a process that occurs when a court (or another body given that authority) declares that someone who is still a minor is nevertheless to have the legal rights of an adult, and to be free of any authority from their parent or other legal guardian. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ... In Family Law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a childs life can have with that child. ... In Family Law, residence is an Order of the Family court under s8 Children Act 1989 following the breakdown of a marriage and determining where the child(ren) are to live and with whom. ... Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parents duty to care for the child. ... In many countries, child support is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. ... Spousal abuse is a specific form of domestic violence where physical or sexual abuse is perpetuated by one spouse upon another. ... Child abuse is the physical or psychological maltreatment of a child. ... Child abduction is the abduction or kidnapping of a young child (or baby) by an older person. ... Man and woman undergoing public exposure for adultery in Japan, around 1860 Adultery is generally defined as consensual sexual intercourse by a married person with someone other than their lawful spouse. ... Polygamy, literally many marriages in ancient Greek, is a marital practice in which a person has more than one spouse simultaneously (as opposed to monogamy where each person has a maximum of one spouse at any one time). ... Incest is sexual activity between close family members. ... Private International Law, International Private Law, or Conflict of Laws is that branch of public law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In modern society, the role of marriage and its termination through divorce have become political issues. ... A father is traditionally the male parent of a child. ...


At common law, a child born to the wife during the marriage is presumed to be the husband's child, as determined by law. This well-settled concept is the "presumption of lawful paternity", and assigns to the husband complete rights, duties and obligations as to the child, regardless of whether he is the biological parent or not. The presumption, however, can be rebutted by evidence to the contrary, at least before a court issues a formal adjudication of paternity in the husband's favor, or a duty of support is established by a decree of divorce, annulment, or legal separation. Jurisdictions differ widely on whether, when, and under what circumstances a judgment establishing paternity or a support obligation founded on the presumption can be set aside on the grounds that the husband was not in fact the father. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In common law, a rebuttable presumption is an assumption that is made that will stand as a fact unless someone comes forward to contest it and prove otherwise. ... Divorce or dissolution of marriage is YOUR MUM the ending of a marriage before the death of either spouse, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support... Annulment is a legal procedure for declaring a marriage null and void. ... Legal separation is a possible step towards divorce under United States law. ...


In the case of an unwed mother a man may come forward and accept the paternity of the child, the mother may petition the court for a determination if she can identify the likely candidate(s) or paternity can be determined by estoppel over time. Estoppel is an equitable doctrine proposing that any person who asks the courts to enforce a legal remedy should have a clear conscience. ...


Legal concerns

Where paternity of the child is in question, any party with an interest may ask the court to determine paternity, of one or several potential fathers (called putative father) based initially upon sworn statements and then upon testimony, including but not limited to: An affidavit is a formal sworn statement of fact, written down, signed, and witnessed (as to the veracity of the signature) by a taker of oaths, such as a notary public. ... Evidence has several meanings as indicated below. ...

  • Sexual relations by the mother with a man other than the putative father, with a description of the circumstances of the child's conception
  • Lack of access to the mother by the putative father during the same time period
  • Scientific proof (blood group, HLA marker, DNA testing, etc.) showing the likelihood of putative father being genetically related
  • Other admissible evidence that may tend to establish paternity such as statements against interest made by the putative father

Generally, hospital records and birth certificate are not sufficient to offset this presumption of lawful paternity. A successful application to the court results in an Order of Filiation (not all states refer to it as "Filiation"), and assigning paternity to a specific man. The biological father now must support the child and may also generally speaking have visitation with the child. In a marriage where the biological father is unknown or without financial means, the court may find the husband responsible for support of the child. Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder - usually a judge or jury in order to establish or a bolster a point put forth by a party to the proceeding. ... Visitation can mean several things: In the United States, visitation is the legal term for the right of a non-custodial parent to visit with their children: see access. ...


In some jurisdictions the courts have also declared the male who acts as the child's father to be the father through the equitable operation of an estoppel. Once the child has been declared to be a son or daughter and has lived with the man for a period of time, the court may cloak the putative father with all of the obligations of parenthood letting the biological father, "off the hook" so to speak.


A child born to the husband and wife prior to the marriage usually becomes a child of the marriage when the marriage is performed. This was the old rule from canon law, but at common law retroactive legitimacy was not conferred on a child by the marriage of the parents after the child was conceived; a matter of some import when inheritance was at issue. The different rules have largely been abrogated in the United States by a series of judicial decrees or legislation curtailing or diminishing the disabilities of bastardy. In Western culture, canon law is the law of the Roman Catholic and Anglican churches. ... For other uses, see inheritance (disambiguation). ... Illegitimacy was a term in common use for the condition of being born of parents who were not validly married to one another; the legal term was bastardy. ...


Paternity laws are seen by some to have defects. For example, it is claimed that when men are lied to about contraception (or even raped), certain paternity laws give men no protection.


See also

In many countries, child support is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. ... In United States law, the Bradley Amendment is the common name given to any of a number of amendments offered by Senator Bill Bradley, the most notable of which is the amendment to US Code Title IV-D (42, U.S.C. 666(a)(9)(c)) which requires state courts... Parental leave is the right to take time off work, paid or unpaid, to care for a child or make arrangements for the childs welfare. ... Maternity is the social and legal acknowledgment of the parental relationship between a mother and her child. ...

External links


 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m