Archive for Common Law
Family Law Lawyer Colorado Springs Discusses Paternity Laws
In law, Paternity is defined as the legal acknowledgment of the parental relationship between a man and a child usually based on several factors. 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 say Family Law Lawyer Colorado Springs. Under early common law, a child born out of wedlock was considered filius nullius — the child of no one. If paternity was established at all, the parents suffered the indignities of criminal “bastardy” proceedings, and the child had few legal rights. Perhaps prodded by a soaring increase in out-of-wedlock births, society has begun to recognize the social and fiscal costs of ignoring these children.
What is “paternity establishment?”
When an unmarried mother gives birth, the biological father of the child does not automatically have any of the legal rights or duties that go along with fatherhood. The law allows the mother, child, father or State of Utah to legally establish that a man is the father of a child. When this occurs, the child’s paternity has been established. “Paternity establishment” gives unmarried parents all of the same rights and duties that married parents have when a child is born. “Paternity” means fatherhood; in particular, fatherhood that is recognized legally states Family Law Lawyer Colorado Springs.
Rights & Responsibilities
The law requires both parents to support their child. This is true even when parents are not married to each other. Paternity establishment allows the child to receive financial support from both parents. Paternity establishment permits the child to be added to the father’s, as well as the mother’s, medical insurance. A child may need to know if she/he has inherited any special health problems expresses Family Law Lawyer Colorado Springs. Paternity establishment may help doctors to research the child’s family health history. In case a child or parent needs a donor for a transplant, knowing who the members of the immediate family are is important. Without paternity establishment, a child is not legally entitled to any of his/her father’s benefits including: Social Security insurance benefits, inheritance rights, veteran’s and other benefits. When paternity is established, the biological father has the same rights as a father of a child born in a marriage. Paternity establishment permits the father to pursue the rights that go along with fatherhood, including custody, parent-time (visitation), and decision-making regarding the child. Parents provide the child with citizenship and/or nationality. If the father was not born in the United States, his/her place of origin may provide important rights to the child once paternity is legally established.
DNA Testing – Establishment of Paternity
Paternity testing is DNA analysis to determine whether or not a given man is the biological father of a given child. There are many different reasons people want to have a paternity test. Sometimes alleged fathers are told many years later that a previous relationship resulted in the birth of a child, and they want to make sure they are actually the biological father. According to the American Association of Blood Banks, there were 354,011 reported parentage testing cases, translating into approximately 991,000 individuals being tested. This was a 3.9% increase over the previous year. With so many people taking parentage tests, it is important to understand the implications says Family Law Lawyer Colorado Springs.