Inheritance Rights Of Children Who Are Born To Unmarried Parents
Most of the states and countries have adopted the rule where the parent and the child relation is seen equally just like every other child and parent no matter what their marital status is.
Even though the act has been adopted still it is hard to find the parents of the child. When it comes to child custody, inheritance, adoption or other factors, the rights of the parents are already decided. If a father refuses to sign a paternity statement, it does not mean he will be spared by the government. The state goes to any extent to receive the child support from the father.
How is paternity determined ?
Just having the name of the father on the birth certificate is not enough to determine paternity which is why blood and DNA tests are driven out to get accurate proof. This lawsuit to declaring a man as the child’s father is known as paternity or support action.
Under what standard of proofs related to paternity in states have adopted the Uniform Parentage Act?
According to the states, these are the conditions under which a man would be declared the father of a child.
If the man has married the woman when the child was born or even within 300 days of the child’s birth, then the man would be considered as the father of the child. In other cases if the man dies or the couple gets divorced where the woman is still pregnant then also the man would be declared as the father.
If the couple decided to get married but could not because one of them was still married to someone else and the birth of the child took place within 300 days of the marriage that was attempted. In this case as well the man would be declared as the father.
In other case, if the couple had got married which later got annulled but the man has acknowledged paternity in writing by signing a paternity statement or has been named as the child’s father on the birth certificate by his own consent or even promises to pay the child support under a written statement or has been ordered by the court then he would be declared as the father.
Lastly, if a man who is not married to the mother receives the child openly at his home and calls himself his father then it could lead to legal presumptions which might further cause blood tests to prove the paternity.
When is it possible to change the label of the child from illegitimate to legitimate?
Many states still did not approved the Uniform Parentage act and use the words illegitimate and legitimate. Here are some of the possible reasons where a child can be labelled from illegitimate to legitimate.
- If the parents get married to each other
- Also when the father signs the paternity statement with his own constent to accept the child as his own under a written statement
- When a man presumes a child to be his son and welcomes him home and calls himself his father.
- With the help of the joint petition both the parents can go to the court and let the judge know that the man is the father of the child.
What happens when competing presumptions of fatherhood takes place?
There are times when competing presumptions of fatherhood take place. For example when an unmarried couple cohabitates while already being married and then the child is born.
It is possible that the husband would be declared as the child’s father until the unmarried man acknowledges to be the father. In some cases both men want to be considered as the child’s father which makes it quite difficult for the court to proceed. This is when hiring a family lawyer in the league city could turn out to be helpful to make the right decision and get the favours of the court.
What is the impact of abandoning of a child when it comes to parental rights?
A parent can lose the right of being called as a legal partner if he fails to perform the parental responsibility. This is known as ” abandonment” which exceeds up to two years in many places. If any parent is not financially strong to provide for the child but still visits regularly would not be declared as abandoning a child.
The importance is given to the involvement of the parent with the child for his well being even if one parent is not able to provide. If one does not visit nor provide for the child then he or she has to go to the court to give up his rights or else it could lead to the termination of parental rights in the abandonment proceedings.
It is important to get help from a knowledgeable and experienced family lawyer in League City, Texas regarding the legal rights of you and your child.