Author Box
Articles Categories
All Categories
Articles Resources

An Introduction to Paternity Law

April 10, 2012 | Comments: 0 | Views: 198

Paternity law deals with the legal acknowledgement of a man and their child. This will be based on several factors and isn't half as straight forward as it may at first seem. At the same time it is very important to ascertain this legal right in a range of situations regarding custody but also various other issues, and this is what necessitates paternity lawyers.

Under common law, a child born to the wife of a marriage is recognized as the husband's child which is known as 'presumption of legitimacy'. In other words, the law will automatically presume that a child born into a marriage is the offspring of that coupling. This is necessary and practical and the alternative would involve doing paternity tests for every single child born to establish the Father. Not only would this lead to disputes, but it would also be highly costly. At this point the husband is then assigned complete rights and a range of duties and obligations relating to the child.

However while this assumption stands normally, it can be rebutted by evidence that suggests otherwise. For instance were a man to come forward and claim to be the Father, and particularly if they were to present evidence from a paternity test, then they might be able to contest this assumption.

However this is already where paternity law can begin to get complicated and vary from case to case. For instance it is not universally agreed at which point a judgement of support obligation based on the assumption can be set aside. For instance, if a husband has been looking after a child for the last 12 years, whether or not they would lose their obligations and rights upon learning they were not in fact the Father would depend on the precise jurisdiction and on the ruling of the court on that occasion.

This is a complex and difficult area and there are sides to both arguments. Of course if you have looked after a child for the last ten years, then it can be somewhat unfair to have your rights taken away from you in light of new evidence. At the same time though it can also be unfair for someone who learns they are the genetic Father to be denied the rights to which they would normally be entitled.

This becomes more complicated still in the case of a divorce. If someone has been looking after a child for many years and is divorced from the genetic mother when new evidence comes to light, then it would be more complicated still to decide on the fair outcome. Likewise a divorce will often muddy the waters of paternity even without dispute over who the Father is. In such a situation paternity lawyers may be used in order to establish the right of the Father under the new custody agreement.

This isn't even to discuss cases of unwed mothers which paternity lawyers will also deal with. In such a case a man may come forward to accept paternity of the child, or the Mother might petition the court for determination.

Paternity lawyers deal with a wide range of issues regarding a man's rights and obligations to his child. For this and paternity testing, click the links.

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Paternity Lawyers


Paternity Testing

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 291

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 428

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 234

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 240

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 388

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 243

A family lawyer provides expertise in issues relating to you, your spouse and your children. These attorneys can help with divorces, child custody, and much more.

By: Anna Woodwardl Legal > Child Custodyl April 25, 2012 lViews: 202

In the middle of a child custody battle, you need all the help you can get. Your divorce lawyer should be able to provide you with all the right legal assistance and support, and that may include a

By: Brian D. Perskinl Legal > Child Custodyl April 23, 2012 lViews: 214

I personally have done something that very few men have ever done. I legally and ethically eliminated $23,000 in back child support debt.

By: Marvin Towlerl Legal > Child Custodyl April 22, 2012 lViews: 190

Parents don't have to be forced to follow a generic visitation schedule provided by the court if they can create and agree on their own schedule. Learn how to customize a visitation schedule for your

By: Kelly A Turnerl Legal > Child Custodyl April 18, 2012 lViews: 250

Children's lives become busier as they grow older. How are divorced parents supposed to share their child's time when the child is barely home at all?

By: Kelly A Turnerl Legal > Child Custodyl April 16, 2012 lViews: 337

Encouraging a relationship between your child and the other parent is in your child's best interest. Learn helpful tips for making a child visitation schedule for toddlers and pre-schoolers that

By: Kelly A Turnerl Legal > Child Custodyl April 09, 2012 lViews: 255

Discuss this Article

comments powered by Disqus