Paternity and Child Issues to Settle after Divorce

Divorce is not a simple matter to request for from the court as either of the spouses still has to abide with the rules governing the matter especially those which relate to the legal grounds for such to be granted. But the problem lies not just in the process, but also in certain issues that should be settled for the clear agreement on paternity rights and child support. This could be the central point of the conflict or argument between spouses with children and the best solution here is to have the matter resolved in accordance with the law; hence, it must be formally filed in court under the given circumstances. And to be able to go through the process with ease, these are the essential facts to keep in mind about some paternity issues including child support: 

Presumed Father 

A man can be presumed to be the father of the child if any of the following circumstances is held to be true: (1) there was an attempt to marry or even married the mother and the offspring was conceived or born during the marriage, (2) there was a marriage and agreement in which the man vowed to have his name on the birth certificate to support the child, and (3) the man acknowledged or welcomed the child into his home. And it is noteworthy that these presumptions are considered conclusive or cannot be proven otherwise in some states given that the law protects the integrity of the family against whatever challenges based on the due process rights; hence, the presumed father could be compelled to pay child support. 

Alleged Father

If the unmarried man had impregnated a woman, he is considered to be an alleged or unwed father of the child. In this case, the man can be required to pay child support if he acknowledges the same to be true or if the court determines it. Further, as to the visitation, the alleged father has the right to visit the child or seek custody. 

Step and Acknowledged Father 

The person can be held as stepfather if he is the spouse of the legal mother but not the biological father of the latter’s children with the previous husband. As such, the stepfather cannot be forced to support the children of the woman unless there was a legal adoption of children to be considered his own. On the other hand, the acknowledged father is the biological father of the child born to unmarried spouses and the paternity can be established if there is admission of the father or approval of the parents; hence, the acknowledged father is obligated to pay child support. 

Equitable Parent

In case the man is not a legal parent of the child, he may still be granted with custody or visitation rights under the idea of equitable parent. This concept is applied by the court when the spouse and child have closer ties and consider each other as parent and child or in circumstance where the parent is encouraging such relationship. And yet, it is noteworthy that if granted with equitable parent visitation or custody, the person will be required to pay child support. 

Meanwhile, for the man to be declared the father of the child, a paternity action or establishment or parentage hearing should be filed in court either by the father or mother. And if successfully granted, the child would no longer wonder who really his or her father is and may not suffer from insufficient support.