Law School

Family law: Paternity law


Listen Later

Paternity law refers to the body of law underlying the 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 mother, depending on the laws of the jurisdiction:

a man may accept the paternity of the child in what is called an acknowledgment of paternity, voluntary acknowledgement of paternity or affidavit of parentage,

the mother or legal authorities can file a petition for a determination of paternity against a putative father, or

paternity can be determined by the courts through estoppel over time.

Today, when paternity is in dispute or doubt, paternity testing may be used to conclusively resolve the issue.

...more
View all episodesView all episodes
Download on the App Store

Law SchoolBy The Law School of America

  • 3.1
  • 3.1
  • 3.1
  • 3.1
  • 3.1

3.1

60 ratings


More shows like Law School

View all
Hidden Brain by Hidden Brain, Shankar Vedantam

Hidden Brain

43,536 Listeners

Global News Podcast by BBC World Service

Global News Podcast

7,806 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

154,018 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

487 Listeners

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond by Alison Monahan and Lee Burgess - Law School Toolbox, LLC

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

511 Listeners

Court Junkie by PodcastOne

Court Junkie

8,527 Listeners

The Daily by The New York Times

The Daily

113,199 Listeners

Speak English Now Podcast: Learn English | Speak English without grammar. by Georgiana, founder of SpeakEnglishPodcast.com

Speak English Now Podcast: Learn English | Speak English without grammar.

557 Listeners

Crime Junkie by Audiochuck

Crime Junkie

369,785 Listeners

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress by Bar Exam Toolbox

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

441 Listeners

Dateline NBC by NBC News

Dateline NBC

47,718 Listeners

SRMN by SRMN

SRMN

19 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,941 Listeners

Mind of a Monster: The Cross-Country Killer by ID

Mind of a Monster: The Cross-Country Killer

1,871 Listeners

Ishq- by Muzammil Jit

Ishq-

3 Listeners