Paternity

is one of the areas of family law where men are routinely discriminated against. Whether it is the denial of paternity rights or being the unlawful victim of paternity fraud, fathers must be careful, as paternity law is complex. As more children are born out of wedlock, paternity problems will only become more common.

arnold schwarzenegger paternity divorceArnold Schwarzenegger's "love child" has brought greater attention to a critical flaw in many states' paternity laws; that a child "of the marriage" is the responsibility of the husband even if the child is not his.

In general, according to Cordell & Cordell mens divorce attorney Leslie Lorenzano, if the husband and wife are still technically married when a child is born, the husband is presumed by the court to be the father of her child.

So, in Schwarzenegger's paternity case, he isn't obligated to pay any child support, but the duped husband might be since he is presumed to be the father because the child was born into the marriage. Getting the biological parentage wrong can have serious and damaging medical consequences for children.

A Texas bill could help exonerate men from their duty to pay child support in circumstances involving mistaken paternity and paternity fraud.

If the alleged father can prove through DNA testing that the child he is ordered to pay support for is not biologically his, then he would be released from his child support obligation, according to Texas Senate Bill 785.

The bill was passed by both the Texas House and Senate and is currently before Texas Gov. Rick Perry awaiting his approval to become law. (UPDATE: Gov. Perry has signed the bill into law.)

Almost 26 percent of children in the United States are being raised by single parents, according to research done by the Organisation for Economic Cooperation and Development.

As more children are being born out of wedlock, establishment of child support payments to financially support a child of a single parent is becoming more commonplace.

If you are the father of a child, but are not married to the mother, you could be forced to pay child support whether or not you intend to exercise your rights to be involved in the child's life.

In early April, the United Kingdom took another step on the road to equal paternity rights.

While the Additional Paternity Leave (APL) regulations initially came about in April 2010, they will finally start coming into play as the British government just recently decided to officially move forward with the ruling.

By no means does the UK's newly constructed paternity rules represent radical change. It appears the impact of these laws will be minimal at best.

But while UK fathers don't seem too impressed, they actually have it much sweeter than dads in the United States when it comes to paternity leave.

When does a biological father have to file paternity for his child?

While the presumption is that paternity should be filed in the first two years after a child’s birth, there are exceptions to that rule, as explained by the divorce lawyers for men at Cordell & Cordell.

Monday, 21 March 2011 17:06

False Accusations of Paternity

False accusations of paternity have been sensationalized to the point that many don’t comprehend how much of an epidemic it is.

Paternity tests do garner a lot of media attention, particularly with the success of “The Maury Povich Show,” which features segments revealing who is and is not the father.

But Marcus L. Matthews wants society to look at false paternity in a more serious light while realizing what a critical and social issue it is. Matthews shares his story and the stories of four other men who were falsely accused of paternity in his new book "I Am Not The Father: Narratives of Men Falsely Accused of Paternity."

Matthews talked with MensRights.com editor Matt Allen about how false paternity affects more than just the accused and what the consequences should be for women who do make false accusations of paternity.

Wednesday, 02 March 2011 16:38

Paternity Leave Facts

The Human Rights Watch has come out with a report that in part documents the health and financial impact on American workers of having little or no paid family leave after childbirth, while also showing the inequalities facing fathers when it comes to availability of paternity leave.

The 90-page "Failing its Families: Lack of Parental Leave and Work-Family Supports in the U.S." report describes the lack of support for new parents as human rights violations.

Though the report mostly focuses on the impact on mothers, there were also a few interesting pieces of information on paternity leave that are largely overlooked in discussions about maternity leave.

Tuesday, 22 February 2011 22:22

Biased State Paternity Laws

Paternity laws are notorious for being unfair toward men as outlined in our series of articles focusing on state laws that are particular harsh toward men.

We’ve already examined Illinois laws, where without a court order regarding custody or visitation, a father has no legal right to see his child though he is responsible to provide financial support to the child.

In Texas, the laws are harsh on a man who signs an Acknowledgement of Paternity only to learn he is not the biological father.

This article will address three more states whose paternity laws put men at a disadvantage: Michigan, Oklahoma and Wisconsin.

Monday, 21 February 2011 18:22

Illinois Unfair Paternity Laws

The Men’s Rights series of articles focusing on state laws that are particularly harsh on men and fathers brings us to Illinois.

The paternity laws in Illinois are definitely skewed in favor of the mother. 

Even if a father signs a Voluntary Acknowledgment of Paternity, which is an acknowledgement that he is the legal father of the child, the acknowledgement form specifically states that it does not give the father child custody or visitation. It just gives him the right to ask the court for custody or visitation. 

However, by signing the acknowledgement, the father is acknowledging that he is responsible to provide financial support to the child, including child support and medical support.

Monday, 21 February 2011 18:16

Unfair Laws Against Men: Texas

As a reader of the Men’s Rights website, you are well aware that states have laws that are particularly unfair toward men and fathers with most dealing with paternity.

In a series of articles, Men’s Rights features several states whose laws are particularly harsh on men.

In Texas, one particular law that puts fathers at a disadvantage comes from the Texas Family Code’s section on Acknowledgement of Paternity.

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