Paternity Law
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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 mothe ...
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Father
A father is the male parent of a child. Besides the paternal bonds of a father to his children, the father may have a parental, legal, and social relationship with the child that carries with it certain rights and obligations. An adoptive father is a male who has become the child's parent through the legal process of adoption. A biological father is the male genetic contributor to the creation of the infant, through sexual intercourse or sperm donation. A biological father may have legal obligations to a child not raised by him, such as an obligation of monetary support. A putative father is a man whose biological relationship to a child is alleged but has not been established. A stepfather is a male who is the husband of a child's mother and they may form a family unit, but who generally does not have the legal rights and responsibilities of a parent in relation to the child. The adjective "paternal" refers to a father and comparatively to "maternal" for a mother. The verb "to ...
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Legal Separation
Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce. Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. ' separation is a legal Latin phrase which means "from table and bed", often translated as "from bed and board", in which "board" is a word for "table". Separation ' is essentially a separation that is sanctioned by a court order, m ...
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Filiation
Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec: Filiation is the relationship which exists between a child and the child’s parents, whether the parents are of the same or the opposite sex. The relationship can be established by blood, by law in certain cases, or by a judgment of adoption. Once filiation has been established, it creates rights and obligations for both the child and the parents, regardless of the circumstances of the child’s birth. Filiation differs from, but impacts, both parental rights and inheritance. The statute of limitations period for filiation is thirty years. An example of law regarding filiation is found in the Civil Code of Quebec, Book 2, Title 2 "Filiation", which details how filiation may be established, claimed, and transferred. Filiation and adoption When an adoption takes ...
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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 juven ...
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Carol Smart
Carol Christine Smart (born 20 December 1948) is a feminist sociologist and academic at the University of Manchester. She has also conducted research about divorce and children of divorced couples. Smart is an important figure within the feminist criminology world. Her book titled ''Women, Crime and Criminology'', written in 1976, remains a key feminist critique of criminology. Smart was also the co-director of the Morgan Centre for the Study of Relationships and Personal Life at Manchester. Career Smart began her academic career by studying sociology at Portsmouth Polytechnic, which is now Portsmouth University. After completing her BA, she moved on to complete her masters in criminology from the University of Sheffield. She also completed her PhD in Socio-Legal studies also from Sheffield in 1983. Smart began her teaching career at the then, Trent Polytechnic, (as a lecturer and senior lecturer). After that, she became a professor at the University of Leeds. In 2005, sh ...
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Bradley Amendment
In United States law, the Bradley Amendment () is an amendment intended to improve the effectiveness of child support enforcement. It is named after Senator Bill Bradley, who introduced it. The Bradley Amendment requires state courts to prohibit retroactive reduction of child support obligations. Specifically, it automatically triggers a non-expiring lien whenever child support becomes past-due; overrides any state's statute of limitations; disallows any judicial discretion, even from bankruptcy judges; and requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the ''obligor'') to promptly document changed circumstances or regard for his awareness of the need to make the notification. History Authors Kathryn Edin and Timothy J. Nelson attribute the Bradley Amendment's origin to a January 1986 CBS News special report, '' The Vanishing Family: Crisis in Black America'', hosted by Bill Moyers. Edin and Nelson not ...
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Artificial Insemination
Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatment for humans, and is common practice in animal breeding, including dairy cattle (see Frozen bovine semen) and pigs. Artificial insemination may employ assisted reproductive technology, sperm donation and animal husbandry techniques. Artificial insemination techniques available include intracervical insemination (ICI) and intrauterine insemination (IUI). Humans History The first recorded case of artificial insemination was John Hunter in 1790, who helped impregnate a linen draper's wife. The first reported case of artificial insemination by donor occurred in 1884: William H. Pancoast, a professor in Philadelphia, took sperm from his "best looking" student to inseminate an anesthetized woman without her knowledge. The case was reporte ...
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Oral Sex
Oral sex, sometimes referred to as oral intercourse, is sexual activity involving the stimulation of the genitalia of a person by another person using the mouth (including the lips, tongue, or teeth) and the throat. Cunnilingus is oral sex performed on the vulva or vagina, while fellatio is oral sex performed on the penis. Anilingus, another form of oral sex, is oral stimulation of the anus. Oral sex may be performed as foreplay to incite sexual arousal before other sexual activities (such as vaginal or anal intercourse), or as an erotic and physically intimate act in its own right. Like most forms of sexual activity, oral sex can pose a risk for contracting sexually transmitted infections (STIs/STDs). However, the transmission risk for oral sex, especially HIV transmission, is significantly lower than for vaginal or anal sex. Oral sex is often regarded as taboo, but most countries do not have laws which ban the practice. Commonly, people do not regard oral sex as affec ...
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Contact (law)
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule.Cambridge DictionaryVisitation/ref> The visitation term is not used in a shared parenting arrangement where the mother and father have joint physical custody.Jennifer Wolf, Types of custody and visitation, Very Well Family, January 27, 2019. Unsupervised visitation is the most common type, when the parent may take the child to his or her home or enjoy any outing with the child. In supervised visitation, another adult must be present, and there is sometimes a court order to occur at a predetermined supervised child contact centre. Virtual visitation uses video-conferencing technology to allow contact when a child lives far away from the parent. Concept In most jurisdictions the nature of a couple's relationship is established when a child is born to that relationship. In law, there ...
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Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for b ...
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Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesse ...
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