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June 11, 2010
Legally Speaking – Paternity
Knowing the mother of a baby is fairly self-explanatory, but knowing the father is always a biological question. Until the time of conclusive blood tests, fathers would be able to contest their paternity (and still can), with all the rights and evidentiary privileges the Constitution offers, such as having an attorney appointed, a jury trial, a subpoena privilege, and a discovery period. Being named a father might not always be the proudest moment of a man’s life, especially if the baby was borne out of a drunken one-night stand. However, the child still needs a father, and like death and taxes, the father will be paying child support, including basic, medical, and child care support. Thus, since we have DNA, this article is not about proving paternity, but about establishing rights when you want to see your child. People do not realize that having a name on a birth certificate or filing a Recognition of Parentage form DO NOT establish parentage. Only marriage or a court may establish parentage. On a side note, it is legally presumed, although the assumption may be rebutted, that all children from a marriage are the husband’s children.
via Legally Speaking | www.hometownfocus.us | Hometown Focus – Virginia, Minnesota.
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