CHAPTER 6 PATERNITY 2006 Thomson Delmar Learning All

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CHAPTER 6 PATERNITY © 2006 Thomson Delmar Learning. All Right Reserved.

CHAPTER 6 PATERNITY © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Proving Paternity • Illegitimate child • Children born outside of

Chapter 6 Paternity • Proving Paternity • Illegitimate child • Children born outside of marriage are typically excluded from most rights – Right to inherit from a parent per the state intestacy laws – Right to sue for wrongful death © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Proving Paternity (continued) • Exclusionary behavior was found to violate

Chapter 6 Paternity • Proving Paternity (continued) • Exclusionary behavior was found to violate the U. S. Constitution’s Equal Protection Clause • Levy case invalidated state inheritance, custody, and tort laws that put children of unmarried parents at a disadvantage • One Side of the Story: Michelle is Expecting • The Other Side of the Story: Johnny is Denying © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • DNA: To Test or Not To Test • Describe a

Chapter 6 Paternity • DNA: To Test or Not To Test • Describe a DNA test © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Proving Paternity and Getting Support • National Conference of Commissioners

Chapter 6 Paternity • Proving Paternity and Getting Support • National Conference of Commissioners on Uniform State Laws – Uniform Parentage Act of 1973 ◦ All children treated equally without regard for the marital status of the parents ◦ The Act established a set of rules that abolished the term illegitimate and established the phrase “a child with no presumed father” © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Proving Paternity and Getting Support (continued) – Changes to the

Chapter 6 Paternity • Proving Paternity and Getting Support (continued) – Changes to the Act of 1973 as proposed in 2000 and amended in 2002 ◦ Meeting the challenges of adapting to recent scientific reproduction developments ◦ Providing guidelines for state Registry of Paternity to deal with the rights of a man who is not an acknowledged, presumed or adjudicated father ◦ Provide comprehensive coverage of genetic testing ◦ Bringing more necessary consistency between the UPA and the 1996 and 2001 versions of UIFSA © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Proving Paternity and Getting Support (continued) • Registries of Paternity

Chapter 6 Paternity • Proving Paternity and Getting Support (continued) • Registries of Paternity – Designed to allow fathers to voluntarily go to declare himself the biological father of a child © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Proving Paternity and Getting Support (continued) • Uniform Reciprocal Enforcement

Chapter 6 Paternity • Proving Paternity and Getting Support (continued) • Uniform Reciprocal Enforcement of Support Act (URESA) – Revised with UIFSA – Created a more effective framework for child support enforcement of interstate cases – Establish and enforce a support order, modify a support order, and determine parentage with or without, an accompanying establishment of support © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Location, Location: Proving Paternity Across America • All states required

Chapter 6 Paternity • Location, Location: Proving Paternity Across America • All states required to create statutes to deal with paternity questions © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Location, Location: Proving Paternity Across America (continued) – California law

Chapter 6 Paternity • Location, Location: Proving Paternity Across America (continued) – California law considers a man to be the presumed father if any of the three occur: ◦ The man and natural mother are married 300 days before the child was born ◦ Before the birth of the child, the mother and father attempt to marry ◦ Following the child’s birth, he and the mother are married – He consents to be named as the child’s father – He signs a voluntary promise to support the child as his natural child – He openly acknowledges the child as his own © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Location, Location: Proving Paternity Across America (continued) – Texas Law

Chapter 6 Paternity • Location, Location: Proving Paternity Across America (continued) – Texas Law ◦ If the man refused to take a DNA test then the burden is on him to prove that he is not the father of the child © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Procedure Must Be Followed • Federal Government – Title IV-D

Chapter 6 Paternity • Procedure Must Be Followed • Federal Government – Title IV-D agencies are part of the federal statutes – Each state required to have a simple civil process for voluntarily acknowledging paternity and a civil procedure for establishing paternity in contested cases – Each state must do its best to secure support for a child • Bottom Line © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Make Room for Daddy • If the father refuses to

Chapter 6 Paternity • Make Room for Daddy • If the father refuses to admit paternity then the mother has the right to file a complaint for paternity • Review a Complaint for Paternity (Exhibit 6: 1) © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Motivation Spelled L A W S U I T •

Chapter 6 Paternity • Motivation Spelled L A W S U I T • Review the Paternity Evaluation Laboratory Report (Exhibit 6: 2) • What’s the Next Step After a Positive DNA Test? • Father could voluntarily agree to help support the child © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • What’s the Next Step After a Positive DNA Test? (continued)

Chapter 6 Paternity • What’s the Next Step After a Positive DNA Test? (continued) • Mother could go to Court and get an order that provides for: – Determination of parentage – Reasonable expenses for the mothers pregnancy and postpartum disability – Child support – Attorney fees and court costs © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Voluntary Acknowledgement of Paternity • Acknowledgement of Paternity to be

Chapter 6 Paternity • Voluntary Acknowledgement of Paternity • Acknowledgement of Paternity to be filed with the State registry of birth records • Review the Voluntary Declaration of Paternity (Exhibit 6: 3) • UPA promotes the importance of a parentage registry • Termination of Parental Rights © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Fighting the Biological Father: Hit the Road, Jack! • Understand

Chapter 6 Paternity • Fighting the Biological Father: Hit the Road, Jack! • Understand the presumed father laws within your state © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • No Facts in Dispute? • • • Summary judgment motion

Chapter 6 Paternity • No Facts in Dispute? • • • Summary judgment motion Clear and convincing evidence Preponderance of the evidence Beyond a reasonable doubt The Department of Public Aid ex rel. Vicki Galbraith v. Jeff Jones © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • DNA Wins Over Vasectomy • Kesselring v. Kesselring • Biological

Chapter 6 Paternity • DNA Wins Over Vasectomy • Kesselring v. Kesselring • Biological Father Battles Presumed Father • Prima facie evidence • In the Interest of J. W. T. , a minor child © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 6 Paternity • Ethics Alert: • Is the alternative law firm following legal

Chapter 6 Paternity • Ethics Alert: • Is the alternative law firm following legal and ethical guidelines? © 2006 Thomson Delmar Learning. All Right Reserved.