Paternity

Paternity is the social and legal acknowledgment of the parental relationship between a father and his child.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

At common law, a child born to the wife during the marriage is presumed to be the husband's child, as determined by law. This well-settled concept is the "presumption of lawful paternity", and assigns to the husband complete rights, duties and obligations as to the child, regardless of whether he is the

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

biological parent or not. The presumption, however, can be rebutted by evidence to the contrary, at least before 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 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 if she can identify the likely candidate(s) or paternity can be determined by estoppel over time.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Common law: :For other meanings of the term, within the field of law, see common law (disambiguation)....

Presumption: In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebutable or conclusive presumption. The invocation of a presumpt...

Divorce: Divorce or dissolution of marriage is the ending of a marriage, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody and distribution of property....