Under common law, a child born to the wife of a marriage is recognized as the husband's child which is known as 'presumption of legitimacy'.
In other words, the law will automatically presume that a child born into a
marriage is the offspring of that coupling. This is necessary and practical and
the alternative would involve doing paternity tests for every single child born
to establish the Father. Not only would this lead to disputes, but it would also
be highly costly. At this point the husband is then assigned complete rights and
a range of duties and obligations relating to the child.
However while this assumption stands normally, it can be rebutted by evidence that suggests
otherwise. For instance were a man to come forward and claim to be the Father,
and particularly if they were to present evidence from a paternity
test Cheap Jerian Grant Jersey , then they might be able to contest this assumption.
However this is already where paternity law can begin to get complicated and vary from case to case. For instance it is not universally
agreed at which point a judgement of support obligation based on the assumption
can be set aside. For instance, if a husband has been looking after a child for
the last 12 years, whether or not they would lose their obligations and rights
upon learning they were not in fact the Father would depend on the precise
jurisdiction and on the ruling of the court on that occasion.
This is a complex and difficult area and there are sides to both arguments. Of course if
you have looked after a child for the last ten years, then it can be somewhat
unfair to have your rights taken away from you in light of new evidence. At the
same time though it can also be unfair for someone who learns they are the
genetic Father to be denied the rights to which they would normally be
entitled.
This becomes more complicated still in the case of a divorce. If someone has been looking after a child for many years and is divorced from
the genetic mother when new evidence comes to light, then it would be more
complicated still to decide on the fair outcome. Likewise a divorce will often
muddy the waters of paternity even without dispute over who the Father is. In
such a situation paternity lawyers may be used in order to establish the right
of the Father under the new custody agreement.
This isn't even to discuss cases of unwed mothers which paternity lawyers will also deal with. In such a
case a man may come forward to accept paternity of the child, or the Mother
might petition the court for determination.
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