Parents and Children

Question 1

Marital Presumption of Legitimacy or Paternity

Answer 1

Presumption:

• A child born to the wife during an ongoing marriage is presumed to be the child of her husband

Rebutting the presumption:

• By proof that husband was physically incapable of fathering the child
• Proof that husband did not have access to wife during the conception period

Question 2

Proof of Paternity by Unwed Father

Answer 2

• Must first establish paternity – must commence action to establish paternity within 18 years of the birth of the child
• Evidence that may be offered:
  
  • Genetic testing
    
    • Evidentiary standard = preponderance of the evidence
  • Bring child into the courtroom and compare physical features with alleged dad

Question 3

Rights of Nonmarital Children

Answer 3

• In PA, nonmarital children are considered the same as illegitimate children
• Have same rights and privileges as a child born into an existing marriage

Question 4

Parental Obligation to Support Child

Answer 4

Legal parent

• Has an absolute duty to provide support for an unemancipated child

Non-adoptive stepparent

• Has no legal duty to support his stepchildren
  
  • EXCEPTION: Estoppel may operate to impose a duty of support due to promises or a pattern of behavior on which the stepchild has come to rely

Question 5

When does parent’s duty to support end?

Answer 5

When child reaches 18 OR graduates high schoo, whichever is later

Question 6

Emancipation

Answer 6

Case-by-case totality of the circumstances test to determine whether a child is emancipated. Court will look at:

1. Age
2. is child married
3. Does child have ability to support self?
4. Does child have desire to live apart from parents
5. Can child get a job