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Archive for the ‘Paternity Laws’ Category
Illinois Becomes First State to Require Testing of DNA Evidence in Sex Crimes
Illinois is now the first state in the country to require testing of DNA evidence from sex crimes. Their new law requires local police to submit rape kits collected from victims to state police for analysis. This must be done with 10 business days of the crime.
Attorney General Lisa Madigan said, “By using this DNA evidence we will be able to get sex offenders out of our communities and into prisons where they belong. Most importantly we will finally be pursuing justice for women and children who have been victims of this horrible and violent crime.”
It’s estimated more than four thousand rape kits are sitting untested in evidence rooms. Madigan says they could include vital DNA evidence to help prosecute offenders and exonerate others.
The other new law protects the confidentiality of statements victims make to rape crisis personnel. This new law passed the General Assembly unanimously and will go into effect January 1st, 2011.
It is assume by the majority of people that the mother will be awarded automatic custody of a child, this is only holds true in certain cases – for instance, when the biological father has not been determined and the mother is fit to parent. However, in most cases, the truth is that whether the parents are married or not, they both have the SAME right to be awarded custody. Many courts do still tend to favor the mother for certain reasons, but when the child is between infancy and about 9 years of age there is still a valid case for awarding the father full or partial custody.
Fathers still have important rights they need to be aware of:
Read more »
By Michael Cole
For many years now we have been hearing about how hard it is to be a single mother. They have to hold down a job, maintain a household IE cook, clean, do laundry etc. They in effect have two very demanding full time jobs.
I think it is outstanding that there are so many programs designed to allow a single mom live with dignity. They have access to free or reduced cost child day care. There is “WIC” Women, Infants, and Children. There are education grants,reduced cost housing, free job training, and the list just goes on.
Google “single moms” and you get 19,500,000 results. Lots of programs geared to the the single mom.
Read more »
by: Sue Pedley Read more »
Whenever a relationship breaks down, custody of children is the most difficult emotional decision that needs to be taken. Issues of joint custody and custody rights come up often which start a legal battle for the custody of the child. This becomes a trauma for the child who slowly starts understanding the situation. It becomes extremely difficult for the parents or guardian too. Many people still believe that the family courts prefer women, when it comes to the legal custody of the child, but this is a truly a myth. Gender is not at all important, when it comes to decide the child custody. Custody of children is considered totally based on the child’s needs and well being.
Family Law Contempt-Missing One Support Payment Can Land You In Jail
By Cherie Brenner
The courts do not take non payment of child or spousal support to a former wife or husband lightly. If your former mate decides to file contempt charges, there is a chance you could go to jail.
A person found in contempt of a court order is called a ” contemnor “.
To prove contempt, the person or government entity filing the charges must prove four elements:
Read more »
The below information is a general guide. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.
Required Probability of Paternity for Hawaii Courts: 99%
Required Paternity Index: None at this time
Current Hawaii Paternity Law: Section 584-1 to 584-4
[§584-1] Parent and child relationship defined. As used in this chapter, “parent and child relationship” includes the legal relationship existing between a child and the child’s natural mother, between a child and father whose relationship as parent and child is established under this chapter, or between a child and the child’s adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations. [L 1975, c 66, pt of §1; gen ch 1985]
Attorney General Opinions
Cited in discussion of hanai children. Att. Gen. Op. 93-1.
Case Notes
By their plain language, §584-3 and this section do not state that this chapter is the exclusive means by which paternity must be established; thus, this chapter is not the exclusive means by which a determination of paternity can be made. 99 H. 1, 52 P.3d 255
[§584-2] Relationship not dependent on marriage. Any parent and child relationship established under this chapter extends to every such child and to every such parent, regardless of the marital status of the parents. [L 1975, c 66, pt of §1]
[§584-3] How parent and child relationship established. The parent and child relationship between a child and:
(1) The natural mother may be established by proof of her having given birth to the child, or under this chapter;
(2) The natural father may be established under this chapter;
(3) An adoptive parent may be established by proof of adoption. [L 1975, c 66, pt of §1]
Case Notes
By their plain language, §584-1 and this section do not state that this chapter is the exclusive means by which paternity must be established; thus, this chapter is not the exclusive means by which a determination of paternity can be made. 99 H. 1, 52 P.3d 255.
§584-4 Presumption of paternity. (a) A man is presumed to be the natural father of a child if:
Read more »
The below information is a general guide. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.
Link: Wyoming Department of Family Services
Required Probability of Paternity for Wyoming Courts: 99%
Required Paternity Index: 100 to 1
Current Wyoming Paternity Law: Title 14 Children Chapter 1 General Provisions – Article 5
PARENT-CHILD RELATIONSHIP
14-2-501. Establishment of parent-child relationship.
(a) The mother-child relationship is established between a woman and a child by:
(i) The woman’s having given birth to the child;
(ii) An adjudication of the woman’s maternity; or
(iii) Adoption of the child by the woman.
(b) The father-child relationship is established between a man and a child by:
Read more »
The below information is a general guide. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.
Link: About Voluntary Paternity Acknowledgment
Link: Wisconsin Dept. of Children and Families
Link: Wisconsin Establishing Paternity
Required Probability of Paternity for Wisconsin Courts: 99%
Required Paternity Index: None at this time
Current Wisconsin Paternity Law: 891.39
891.39 Presumption as to whether a child is marital or nonmarital; self−crimination; birth certificates. Read more »
(1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is