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Filiation: The Legal Framework of Parentage and Paternity
Definition & Meaning
Filiation refers to the legal process of establishing a person's paternity, determining who is recognized as a child's father. It signifies the relationship between a parent and their child, specifically a son or daughter. In many jurisdictions, the law presumes that a husband is the father of children born during his marriage or shortly thereafter, regardless of when the child was conceived. This presumption can be challenged if evidence shows that the husband could not be the biological father due to reasons such as lack of cohabitation or other physical impossibilities.
Table of content
Legal Use & context
Filiation is primarily used in family law, impacting matters such as child support, custody, and inheritance rights. It is essential for establishing legal responsibilities and rights between parents and children. Users may encounter forms related to paternity testing, acknowledgment of paternity, or court petitions to establish filiation, which can often be managed using templates from US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A child is born to a married couple. The husband is presumed to be the father, and this presumption holds unless the wife can provide evidence of a different biological father.
Example 2: A woman gives birth shortly after her divorce. The ex-husband may still be presumed the father unless he can prove otherwise through legal means. (hypothetical example)
State-by-state differences
State
Presumption of Paternity
California
Presumes husband is the father if born during marriage.
Texas
Similar presumption, but allows for challenges within four years.
New York
Presumption exists, but can be rebutted with DNA evidence.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Paternity
The state of being a father.
Paternity is a broader term that includes biological and legal aspects.
Legitimation
The process of making a child legitimate.
Legitimation often follows filiation and grants the child full legal rights.
Common misunderstandings
What to do if this term applies to you
If you need to establish or contest paternity, consider the following steps:
Gather any relevant documents, such as marriage certificates or birth records.
Consider DNA testing if paternity is disputed.
Consult with a legal professional for guidance on your specific situation.
Explore US Legal Forms for templates related to paternity acknowledgment or court petitions.
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