Paternity (law) - Citizendia

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
Putative marriage
Dissolution of marriage
Annulment · Divorce · Alimony
Issues affecting children
Paternity · Legitimacy · Adoption
Legal guardian · Ward
Emancipation of minors · Foster care
Child Protective Services
Parental responsibility
Contact (including Visitation)
Residence in English law
Custody · Child support
Areas of possible legal concern
Spousal abuse · Child abuse
Child abduction · Child marriage
Adultery · Bigamy · Incest
Conflict of Laws Issues
Marriage · Nullity · Divorce

In law, Paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors. Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a Contract entered NOTICE TO WOULD-BE ROMEOS ************** Common-law marriage (or Common law marriage) sometimes called de facto marriage, informal marriage or marriage by habit and repute Same-sex marriage (also referred to as gay marriage) is a term for a legally or Socially recognized Marriage between two people of the same Cohabitation is when people live together in an emotionally- and/or physically- Intimate relationship. A civil union is a legally recognized union similar to Marriage. A domestic partnership is a legal or Personal relationship between two individuals who live together and share a common domestic life but are neither joined by a traditional Registered partnership is one of several terms synonymous with a Civil union or Civil partnership similar to Marriage, typically created in order to provide A putative marriage is an apparently valid Marriage, entered into in Good faith on the part of at least one of the partners but that is legally invalid due to Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract Divorce or dissolution of marriage is the termination of a Marriage. Alimony, maintenance or spousal support is an obligation established by Law in many countries that is based on the premise that both spouses have an absolute In Common law, legitimacy is the status of a Child that is born to parents who are legally married to one another or that is born shortly after the Adoption is the act of legally placing a child with a Parent or parents other than those to whom they were born 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 legal mechanism by which a child is freed from control by their parent(s/guardian(s and the parent(s/guardian(s is/are freed from any and all responsibility Foster care is a system by which a certified stand-in "parent(s" cares for minor Children or young peoples who have been removed from their birth parents Child Protective Services (CPS is the name of a Governmental agency in many states of the United States that responds to reports of Child abuse In the states of the European Union and elsewhere parental responsibility refers to the rights and privileges which underpin the relationship between a 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 Residence is a term used to refer to not always similar concepts in various parts of English law including taxation immigration and family law Child custody and '''guardianship''' are Legal terms which are sometimes used to describe the legal and practical relationship between a Parent and his In family law and government policy child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate Child abuse is the physical, psychological or sexual maltreatment of children Child abduction is the abduction or kidnapping of a Child (or Baby) by an older person Child marriage usually refers to two separate social phenomena which are practiced in some societies Adultery is the voluntary Sexual intercourse between a married person and another person who is not his or her Spouse, though in many places it is The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and Incest refers to any sexual activity between closely related persons (often within the immediate family that is illegal or socially Taboo. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community 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 In modern Society, the role of marriage and its termination through Divorce have become political issues

Under common law, a child born to the wife during a marriage is usually presumed to be the husband's child. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive This concept is the "presumption of lawful paternity", and assigns to the husband complete rights, duties and obligations as to the child. In the Law of Evidence, a presumption of a particular fact can be made without the aid of proof in some situations The presumption, however, can be sometimes be rebutted by evidence to the contrary, at least prior to a formal court ruling involving the putative paternity (often this is a decree of divorce, annulment, or legal separation). Divorce or dissolution of marriage is the termination of a Marriage. Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract Legal separation (sometimes "separate maintenance" " divorce a mensa et thoro," or "divorce from bed-and-board" is a possible step towards 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.

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 or paternity can be determined by estoppel over time. Estoppel is a legal doctrine recognized both at Common law and in equity in various forms

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 initially upon sworn statements and then upon testimony or other evidence. "Testify" redirects here For other uses see Testify (disambiguation and Testimony (disambiguation. Evidence in its broadest sense includes anything that is used to determine or demonstrate the Truth of an assertion

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

In some jurisdictions courts have also declared a man who acts as the child's father to be the father with all of the rights and obligations of parenthood.

A child born to the husband and wife prior to the marriage may or may not shed any remaining legal disabilities of illegitimacy. In Common law, legitimacy is the status of a Child that is born to parents who are legally married to one another or that is born shortly after the

Claimed defects

Paternity laws are seen by some to have defects. 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), certain paternity laws give men no protection. Oral sex refers to sexual activities involving the use of the Mouth, and may include use of the Tongue, Teeth, and Throat, in order AIH redirects here For the indie rock band abbreviated AIH see Architecture in Helsinki Artificial insemination (AI is the process by which State of Louisiana v Frisard, 694 So 2d 1032 (LaApp 5 Cir 4/29/97 established a Legal precedent in Louisiana stating that a man is strictly liable Hermesmann v Seyer ( State ex rel Hermesmann v Seyer (1993) was a precedent-setting Kansas, United States case in which Colleen Hermesmann successfully