Laws Connected to Paternity Actions

Jan 15, 2015 by

Like any other legal matter or court proceeding, the issues covered under family law are also intricate in detail. Besides the complexity of the law is the sensitivity or each topic, which also causes much emotional distress. Divorce and the many different issues related to it, namely, child support, visitation rights, child custody, division of properties and debts, alimony, and paternity action are among these.

Paternity disputes or paternity actions can be a frightening ordeal for someone who is being named as a child’s father, but who is definitely not prepared to be one yet. When a person denies any possibility of having fathered a child, the court can be requested to intervene in the matter and help in proving whether the child’s or any other’s claim to such person’s fatherhood is true or not.

In the UK, for the court to be able to act on the dispute, the child making the claim can file his/her application to the court based on the stipulations of the Family Law Act of 1986. This Act recognizes a child’s act of “Declaration” that a certain person is his/her parent and that he/she is the legitimate child of such person.

According to Raleigh divorce attorneys, children who have not reached the age of 18 cannot make the application, though; someone above 18 years old should, instead, apply on his/her behalf. This older person, regardless of his/her real relationship with the child, is legally identified as a “Next Friend.”

On the other hand, if it is the father who would like to prove or disprove any claim that he is a particular child’s father (due to the child support he is being asked to pay for the child’s welfare), the he can make his application under the Child Support Act of 1991, for a “Declaration” that he is either the father or not the father of the child making the claim.

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