Nonmarital Children Flashcards
Children born out of wedlock are given what scrutiny under the Constitution?
intermediate scrutiny
What kind of action can be brought to establish biological relations and paternity matters?
a parentage action
The husband of a mother is presumed to be the father if:
1) the child is born during the marriage; 2) the child is born within 300 days of termination of the marriage; or 3) the child is born during a void or voidable marriage.
The presumption that a husband of a mother is the father of the children can be rebutted by showing what?
clear and convincing evidence that the husband is not the father.
When will a court decline to disestablish the parentage of a husband of a child’s mother?
when it is in the best interests of the child.
When will a child be considered the child of an unwed father?
when 1) after the child’s birth, the father marries the mother; 2) the father holds the child out as his biological child; 3) the father consents to his name on the birth certificate; 4) the father acknowledges paternity; or 5) there is a judgment decreeing paternity.
Under the Due Process Clause, unwed fathers will have rights to custody of their child if . . .
they demonstrate parental responsibility.
Can an unwed father recover tort damages in wrongful death for a child they never legally recognized?
no
