Paternity
The legal determination of who is a child's biological father, which establishes rights and obligations for custody, visitation, and child support.
Understanding Paternity
Establishing paternity is essential for determining child support, custody, and visitation rights. For married couples, the husband is presumed to be the father (presumption of paternity). For unmarried parents, paternity can be established voluntarily through an acknowledgment of paternity form or through court-ordered DNA testing. Paternity disputes sometimes arise during divorce when one spouse questions whether a child is biologically theirs. Disestablishing paternity after it has been legally recognized is extremely difficult in most states.
Real-World Examples
He requested a DNA test during the divorce after suspecting the youngest child was not his, and the court ordered paternity testing.
Related Terms
The right and responsibility to make major decisions about a child's upbringing, including education, healthcare, and religious training.
Physical CustodyThe right to have the child live with you, determining where the child resides on a day-to-day basis.
Guardian ad LitemA court-appointed advocate, often an attorney, who represents the best interests of a child in custody or divorce proceedings.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.