Establishing Paternity

Question 1

When do paternity actions typically arise?

Answer 1

Paternity actions typically arise when a man wished to avoid child support obligation by denying paternity of the child. A mother or government agency may bring a paternity action to establish the father’s paternity. Once paternity is established, the law imposes all rights, privileges, duties, and obligations on the father.

Question 2

Under the Uniform Parentage Act, how is the father-child relationship established?

Answer 2

The father-child relationship is established between a man and a child by:

1. An effective acknowledgement of paternity by the man UNLESS the acknowledgement has been rescinded or successfully challenged;
2. A valid adoption of the child by the man; OR
3. An adjudication of the man’s paternity.

Question 3

When is the man presumed to be the father?

Answer 3

Under the UPA, a man is presumed to be the father of the child if:

1. He and the child’s mother are or have been married to each other and the child is born during the marriage, or WITHIN 300 days after the marriage is terminated;
2. Before the child’s birth, he and the mother attempted to marry each other in apparent compliance with the law, although the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination; OR
3. While the child is under the age of majority, he receives the child into his home and openly holds out the child as his own.

Question 4

What is the legal standard of proof that a presumptive father must meet to rebut paternity?

Answer 4

A presumption of paternity under the UPA may only be rebutted by clear and convincing evidence. (HIGH BURDEN BECAUSE SOCIETY FAVORS FAMILY RELATIONSHIP)

Question 5

True or False: Some courts have the authority to exclude valid evidence that would rebut the presumption if the evidence would be contrary to the child’s best interest.

Answer 5

TRUE!

Question 6

How does equitable estoppel apply to establishing paternity?

Answer 6

Under equitable estoppel, a man who is not the biological father will be estopped from denying paternity if:

1. He has held himself out as the father; AND
2. Paid Support