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Presumption Of Paternity
Presumption of paternity in paternity law and common law is the legal determination that a man is "presumed to be" a child's biological father without additional supportive evidence, usually as a result of marriage. Generally associated with marriage, a presumption of paternity can also be made by court order, contact over time with a child, or simple cohabitation with the mother. If there is no presumption of paternity, a process such as recognition (family law), recognition may be used to establish paternity. See also * Presumption of legitimacy * Recognition (family law) References Family law Paternity {{Law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paternity Law
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support. Under common law, a child born to a married woman is presumed to be the child of her husband by virtue of a "presumption of paternity" or presumption of legitimacy. In consideration of a possible non-paternity event (which may or may not include paternity fraud) these presumptions may be rebutted by evidence to the contrary, for example, in disputed child custody and child support cases during divorce, annulment or legal separation. In the case of a father not married to a child's mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition (family Law)
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of ''mater semper certa est'' (the mother is always certain) causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy (family law), legitimacy on the child. Overview When a child is born the mother is known, but the father is not certain. When the mother is married, the husband is presumed to be the father (see presumption of legitimacy). When the mother is unmarried, some jurisdictions require the father to take extra steps to be recognised as the father, the presumption of paternity does not apply. The laws vary between jurisdictions but common themes are: * the mother must give consent * a child can only be 'recognised' once * if the child is old ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Legitimacy
In common law, the "presumption of legitimacy" is a legal presumption that states that a child born within the subsistence of a marriage is presumed to be the child of the husband. Early history Paternity Paternity may refer to: *Father, the male parent of a (human) child *Paternity (law), fatherhood as a matter of law * ''Paternity'' (film), a 1981 comedy film starring Burt Reynolds * "Paternity" (''House''), a 2004 episode of the television seri ... is considered an important issue in determining the rules of succession. Bastard (law of England and Wales), Illegitimate children were originally excluded from royal succession, noble status, nobility, hereditary titles and property. See also *''Mater semper certa est'' References Family law {{Law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition (family Law)
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of ''mater semper certa est'' (the mother is always certain) causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy (family law), legitimacy on the child. Overview When a child is born the mother is known, but the father is not certain. When the mother is married, the husband is presumed to be the father (see presumption of legitimacy). When the mother is unmarried, some jurisdictions require the father to take extra steps to be recognised as the father, the presumption of paternity does not apply. The laws vary between jurisdictions but common themes are: * the mother must give consent * a child can only be 'recognised' once * if the child is old ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
