Thursday March 30 , 2017

Paternity

In law, paternity is the legal acceptance of the parental relationship between a man & a child regularly based on some factors.


At common law, a child born to the wife during a marriage is the husband's child below the "presumption of lawful paternity", and the husband is assigned complete rights, duties and obligations as to the child. The presumption, however, can be rebutted by evidence to the contrary, at least preceding to a formal court ruling involving the putative paternity (often this is a decree of divorce, annulment, or legal separation). Jurisdictions differ widely on when a judgment establishing paternity or a support obligation based on the presumption can be set aside on the grounds that the husband was not in fact the father.

In the case of an unwed mother, a man may come ahead and accept the paternity of the child, the mother may petition the court for a resolve, or paternity can be determined by estoppel over time.


Legal concerns


Where paternity of the child is in question, a party may ask the court to determine paternity of one or several possible fathers (called putative fathers) based originally upon sworn statements and then upon testimony or other evidence.

A successful application to the court results in an order assigning paternity to a definite man, possibly including support responsibility and/or visitation rights.

Once a father has established paternity and, if he wishes to be part of the child's upbringing, he can effectively establish his parental rights with his child by filing a parenting plan. In the United States, law requires parents to file a parenting plan with a district court which outlines how the biological parents will share parental responsibilities on matters such as legal custody, physical custody (parenting time or visitation), and medical insurance.

Some paternity laws assign full parental liability to fathers even in cases of women lying about contraception, using deceit (such as oral sex followed by self artificial insemination (State of Louisiana v. Frisard) or statutory rape by a woman (Hermesmann v. Seyer)

reference - wikipedia.org

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