Family law is an area of the law that deals with family matters and domestic relations.
A father is the male parent of a child. Besides the paternal bonds of a father to his children, the father may have a parental, legal, and social relationship with the child that carries with it certain rights and obligations. A biological father is the male genetic contributor to the creation of the infant, through sexual intercourse or sperm donation. A biological father may have legal obligations to a child not raised by him, such as an obligation of monetary support. An adoptive father is a man who has become the child's parent through the legal process of adoption. A putative father is a man whose biological relationship to a child is alleged but has not been established. A stepfather is a non-biological male parent married to a child's preexisting parent and may form a family unit but generally does not have the legal rights and responsibilities of a parent in relation to the child.
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a guardian.
DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child's paternity is in doubt. Tests can also determine the likelihood of someone being a biological grandparent. Though genetic testing is the most reliable standard, older methods also exist, including ABO blood group typing, analysis of various other proteins and enzymes, or using human leukocyte antigen antigens. The current techniques for paternity testing are using polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). Paternity testing can now also be performed while the woman is still pregnant from a blood draw.
The men's rights movement (MRM) is a branch of the men's movement. The MRM in particular consists of a variety of groups and individuals who focus on general social issues and specific government services which they say adversely impact, or in some cases, structurally discriminate against, men and boys. Common topics discussed within the men's rights movement include family law, reproduction, suicides, domestic violence against men, false accusations of rape, circumcision, education, conscription, social safety nets, and health policies. The men's rights movement branched off from the men's liberation movement in the early 1970s, with both groups comprising a part of the larger men's movement.
The fathers' rights movement is a social movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or marital separation. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Most Fathers' rights advocates argue for formal gender equality.
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications.
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable presumptions. A rebuttable presumption will either shift the burden of production or the burden of proof ; in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
The main family law of Japan is Part IV of Civil Code. The Family Register Act contains provisions relating to the family register and notifications to the public office.
Paternity fraud is one form of misattributed paternity or paternal discrepancy. Specifically, paternity fraud is the intentional misidentification of a child's biological father. Paternity fraud is distinct from other, unintentional misattribution, which may arise from simple error, an accident such as a mix-up during fertility treatment, or a sexual assault.
The tender years doctrine is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years, the mother should have custody of the child. The doctrine often arises in divorce proceedings.
The fathers' rights movement in the United States is a group that provides fathers with education, support and advocacy on family law issues of child custody, access, child support, domestic violence and child abuse. Members protest what they see as evidence of gender bias against fathers in the branches and departments of various governments, including the family courts.
Jeffery M. Leving is an American divorce attorney and author who specializes in matrimonial and family law. He is known primarily for his vocal advocacy of fathers' rights and hosts two radio shows. His television and radio commercials are well known in the Chicago area.
In genetics, a non-paternity event is the situation in which someone who is presumed to be an individual's father is not in fact the biological father. This presumption of NPE is a subset of a misattributed parentage experience (MPE) which may be on the part of the individual, the parents, or the attending midwife, physician or nurse. An NPE may result from sperm donation, undisclosed adoption, heteropaternal superfecundation, promiscuity, paternity fraud, or sexual assault, as well as medical mistakes, for example, mixups during procedures such as in vitro fertilization and artificial insemination. Where there is uncertainty, the most reliable technique for establishing paternity is genetic testing; however, there is still a risk of error due to the potential for gene mutations or scoring errors.
In the United States of America, the putative father registry is a state level legal option for unmarried men to document through a notary public any woman they engage with in intercourse, for the purpose of retaining parental rights for any child they may father.
The Uniform Parentage Act (UPA) is a legislative act originally promulgated in 1973 by the National Conference of Commissioners of Uniform State Laws. The 1973 original version of the act was created to address the need for new state legislation, because at the time the bulk of the law on the subject of children born out of wedlock was unconstitutional or led to doubt. It was amended in 2002 and in 2017. The Act serves to provide a uniform legal framework for establishing paternity of minor children born to married and unmarried couples. It allows more than two people to be legally recognized as parents.
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of mater semper certa est causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy on the child.
Michael H. v. Gerald D., 491 U.S. 110 (1989), was a case decided by the Supreme Court of the United States involving substantive due process in the context of paternity law. Splitting five to four, the Court rejected a challenge to a California law that presumed that a married woman's child was a product of that marriage, holding that the due-process rights of a man who claimed to be a child's biological father had not been violated.
