12. Non-Marital Children Flashcards
1
Q
What is non-marital child?
A
Child born to unmarried woman
2
Q
When may husband be presumed as father?
A
Child born within gestation period (between conception + birth) of marriage termination
Child born during void/voidable marriage
UNLESS clear and convincing evidence => Rebut presumption
3
Q
When may child be considered child of unwed father?
A
Married after birth
Public acknowledgment
Consent name on birth certificate
Acknowledge paternity
4
Q
What is required for unwed father to have custody rights under Due Process Clause?
A
Full commitment to parenthood responsibilities
Education Supervision Protection Support Acknowledgment of paternity
5
Q
What is required for parent to file paternity suit against other parent?
A
Before child becomes 18 Paternity - Blood/tissue sampling - Testimonial evidence - Other medical evidence