Parentage

Question 1

What presumption exists when a husband of a married women is involved?

Answer 1

Child presumed to be his-presumptively biological father
* Can be rebutted (typically through showing lack of sexual access at the time of conception)
* Presumption also arises if woman not married when she gets pregnant but couple later marries

Question 2

What presumption exists if child is born out of wedlock?

Answer 2

Deemed marital if parents later marry and recognize the child as their own

Question 3

What happens if a child is born or conceived during a null marriage?

Answer 3

Still marital child

Question 4

What can the mother (or child through a guardian at litem) do if paternity is not acknowledged?

Answer 4

File paternity suit (often in conjunction with petition for child support)
* Standard of proof is clear and convincing
* Relevant evidence includes: scientifically reliable genetic tests showing 98% or greater probability of paternity or circumstantial evidence (e.g., father claimed child on tax return, father agreed to have child use surname, mother lived with alleged father at time of conception)