A bastardy proceeding is a legal action taken to establish the paternity of a child born out of wedlock. This process determines the identity of the child's father and can lead to the establishment of child support and other financial responsibilities. Bastardy proceedings are often referred to as paternity suits. They can also address issues such as visitation rights and parental responsibilities.
Bastardy proceedings are primarily used in family law. They can be initiated by the mother, father, or the child to legally establish paternity. This legal determination can be crucial for securing child support, health benefits, and inheritance rights. Government agencies may also initiate these proceedings, especially in cases involving adoption or welfare benefits.
Here are a couple of examples of abatement:
(Hypothetical example) A mother files a bastardy proceeding to establish the paternity of her child to ensure that the father contributes to child support. The court orders a DNA test to confirm paternity, which leads to a financial support agreement.
(Hypothetical example) A man who believes he may be the father of a child born out of wedlock files a paternity suit to confirm his parental rights and seek visitation with the child.
| State | Key Differences |
|---|---|
| California | Allows for voluntary paternity acknowledgment forms. |
| New York | Requires a court order for child support after paternity is established. |
| Texas | Offers a streamlined process for establishing paternity through the Office of the Attorney General. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Bastardy Proceeding | A legal action to establish paternity and support obligations for a child born out of wedlock. |
| Paternity Test | A medical test used to determine biological parentage, often used in bastardy proceedings. |
| Child Support | Financial support provided by a non-custodial parent to assist with a child's living expenses. |
If you believe a bastardy proceeding applies to your situation, consider the following steps:
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Any parent or the child can initiate a bastardy proceeding to establish paternity.