Archive for Unmarried Parents

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.

Family Law Lawyer Colorado Springs iStock 000014175411XSmall 300x199 Family Law Lawyer Colorado Springs Discusses Paternity Laws

Family Law Lawyer Colorado Springs Discusses Paternity Laws

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.

Family Law Lawyer Colorado Springs Discusses Paternity Laws

Family Law Lawyer Colorado Springs Advice on Child Support

When married parents’ divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the “non-custodial” parent (the parent with whom the child does not live) to pay a certain portion of his or her income as child support says Family Law Lawyer Colorado Springs. This is not the only scenario in which child support might arise. Less frequently, when neither parent has custody, the court may order them to pay child support to a third party who cares for their child. No matter what situation gives rise to the need for child support, it might help to think of the legal right to child support as being possessed by a child (which it technically is), for his or her proper care and upbringing, regardless of who actually receives child support payments.

What is it?

A subset of family law and as in Child Custody law, overlaps with divorce law. Child support is court-ordered payment by one parent to the custodial parent of a minor child after divorce or separation as a contribution to the costs of raising the child. This is a provision to ensure that the child should receive equal support from both parents which it would have received if there was no divorce. Usually, the amount of child support is based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child says Family Law Lawyer Colorado Springs. Most states have child support guidelines that establish the ordinary support required to raise and care for the child. It may also include health plan coverage, school tuition or other expenses, and may be reduced during periods of extended visitation such as summer vacations.

Family Law Lawyer Colorado Springs iStock 000009635701XSmall 300x199 Family Law Lawyer Colorado Springs Advice on Child Support

Family Law Lawyer Colorado Springs Advice on Child Support

Terms

Child support generally continues until the child reaches 18 years, graduates from high school, is emancipated or, in some cases, for an extended period such as college attendance. The amount and continuation of support may be changed by the court upon application of either party depending on a proven change of circumstance of the parents or child expresses Family Law Lawyer Colorado Springs. Child support is not deductible from gross income for tax purposes nor is it taxed as income. Child support orders are issued by the family court, which bases the amount of the support on the state child support guidelines. These guidelines establish the amount of support that must be paid, based largely on the non-custodial parent’s income and the number of children. The court will also take into account other relevant factors, such as the custodial parent’s income and the needs of the children. The court can deviate from the guidelines if there are significant reasons for doing so.

Visitations

Child support and visitation are independent obligations states Family Law Lawyer Colorado Springs. One cannot stop paying support if visitation is denied, nor can visitation be denied for nonpayment of child support. A person who denies ordered visitation or fails to pay ordered child support can be held in contempt of court and states have various remedies, which vary by state, for pursuing claims against parents who owe back child support. Such remedies may include driver’s license suspension, wage garnishment, and attaching unemployment compensation, worker’s compensation, and federal tax refunds, among others.

Family Law Lawyer Colorado Springs Advice on Child Support