Paternity
In law, Paternity is the legal acknowledgment of the parental relationship between a father and his child. This determination is usually based on biological factors.
At common law, a child born to the married woman during the marriage is presumed to be the child of the husband, as determined by paternity law. This concept is known as the "presumption of lawful paternity." The husband is assigned all rights, duties and obligations regarding the child, regardless of whether he is the biological parent or not. The presumption can be rebutted by evidence to the contrary, so long as it precedes 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 of lawful paternity can be set once the husband is determined to not be the biological 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 if she can identify the likely candidate(s), or paternity can be determined by estoppel over time.
If you or a loved one needs legal representation in a paternity dispute, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. Your initial consultation is guaranteed free of charge. During that visit, we will be able to tell you up front what we may be able to do for you, as well as what the attorney fees would be for your case. Our fees are always competitive, so don't hesitate to contact us and learn how we can help.
More Information
Links on the Web
