Presumption Of Paternity
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Presumption Of Paternity
Presumption of paternity in paternity law and common law is the legal determination that a man is "presumed to be" a child's biological father without additional supportive evidence, usually as a result of marriage. Generally associated with marriage, a presumption of paternity can also be made by court order, contact over time with a child, or simple cohabitation with the mother. If there is no presumption of paternity, a process such as recognition (family law), recognition may be used to establish paternity. See also * Presumption of legitimacy * Recognition (family law) References

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Paternity Law
Paternity law refers to body of law underlying 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 ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Recognition (family Law)
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of ''mater semper certa est'' (the mother is always certain) causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy (family law), legitimacy on the child. Overview When a child is born the mother is known, but the father is not certain. When the mother is married, the husband is presumed to be the father (see presumption of legitimacy). When the mother is unmarried, some jurisdictions require the father to take extra steps to be recognised as the father, the presumption of paternity does not apply. The laws vary between jurisdictions but common themes are: * the mother must give consent * a child can only be 'recognised' once * if the child is old ...
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Presumption Of Legitimacy
The "presumption of legitimacy" is a common law rule of evidence that states that a child born within the subsistence of a marriage is presumed to be the child of the husband. Early history Paternity is considered an important issue in determining the rules of succession. Illegitimate children were originally excluded from royal succession, hereditary titles, and property. See also *''Mater semper certa est ("The mother is always certain") is a Roman-law principle which has the power of , meaning that no counter-evidence can be made against this principle (literally: presumption of law and by law). It provides that the mother of the child is conc ...'' References Family law {{Law-stub ...
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Recognition (family Law)
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of ''mater semper certa est'' (the mother is always certain) causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy (family law), legitimacy on the child. Overview When a child is born the mother is known, but the father is not certain. When the mother is married, the husband is presumed to be the father (see presumption of legitimacy). When the mother is unmarried, some jurisdictions require the father to take extra steps to be recognised as the father, the presumption of paternity does not apply. The laws vary between jurisdictions but common themes are: * the mother must give consent * a child can only be 'recognised' once * if the child is old ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ...
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