Nonmarital Children Flashcards
1
Q
Parentage Action
A
A parentage action is brought to establish biological paternity.
2
Q
When is paternity presumed?
A
The huband the mother is presumed to be the father of the child when:
- The child is born during the marriage;
- The child is born within 300 days of the marriage;
- The child is born during a void or voidable marriage.
The presumption may be rebutted by clear and convincing evidence.
→ Note that some states prohibit the disestablishment of paternity based on the best interests of the child.
3
Q
What level of evidence applies in a parentage action?
A
Generally, clear and convincing evidence.
