Paternity in simple words can be described as the “state of being a father”. In terms of law it means legal acceptance of the parental relationship i.e. a father – child relationship between a man and a child. Establishment of paternity provides the child with a sense of identity.
Paternity establishment is really important for a child because of various reasons. The child may be then entitled for various benefits like inheritance claims, insurance benefits, social security benefits, and tort claims etc. Also it is important for a child to know the medical history of both parents. Mostly the issue of paternity is raised in legal separations, divorce, and annulment. This is required in order to establish custody, parenting time and visitation after separation. Also, parentage acknowledgement is required in lawsuits involving family inheritance, immigration requests, and other kind of benefits. Parents who have a child when they are not married to each other can use a paternity action to legally define each parent’s rights and responsibilities with regard to their child.
Paternity can be legally established in several ways. The simplest law based on the roots of the society. A man is assumed to be the lawful father of the child of his wife. The man has to then fulfill all the duties and take all responsibilities towards the child as a father. This presumption can though be challenged by evidence. But there may be cases when a man refuses to take parentage before or after separation. In such cases paternity lawsuit should be filed. Also in cases of unwed mother, the mother may file a lawsuit to acknowledge paternity of the child.
In order to determine whether a man is the father of a child born out of a marriage one must initiate a lawsuit known as a “paternity action”. In such a claim, paternity may be established if the alleged father admits paternity. If the man refuses to acknowledge the parent child relationship, then the judge may order the man to provide his blood sample. The blood sample may be used for blood profiling and even for DNA testing.
A court order establishing parentage will also set custody, child support, visitation and parenting time which are very significant for a child after legal separation of parents. The custodial parent may even ask for compensation of expenses for the child from the other parent. Also after a man has established paternity he can be involved in child’s upbringing by filing a parenting plan. The parenting plan includes all the details of sharing of responsibilities and duties by both the parents. This also have the outlines on matters such as legal custody, visitation and insurance etc.
By: Munish Chopra
There are several ways in which you can communicate with your divorce lawyer, but some methods may be more effective than others. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.
In-Person
Meeting with your attorney in-person when there is an extensive amount of material to go through is often a wise choice. When you meet with an attorney face-to-face there is less chance for distraction and it is more likely you will have the attorney’s undivided attention. Any material you or your attorney may have can be reviewed and any questions can be addressed. Each party will have an equal opportunity to discuss and cover any important details. Additionally, the amount of time spent in an in-person meeting is traceable and should be reflected accurately on your attorney bill.
E-mail
Assuming your attorney checks his/her e-mail regularly, email communications with your attorney can be very effective, especially if a response is not needed immediately or an attachment needs to be sent. Unlike faxes, there is usually no charge to receive an e-mail. However, there will be a cost for your attorney to review and respond to your e-mail. Therefore, it is extremely important to keep your e-mail concise and to the point. This is often a difficult adjustment for those who have a tendency to write wordy e-mails. Further, depending on how savvy your attorney is with technology, he/she may spend more time in an e-mail communication than if the message were communicated via phone or fax. Further, the amount of time an attorney actually spends in an e-mail communication is virtually untraceable, so you will want to closely monitor your bill to make sure the charges are reasonable.
Telephone
One of the most common forms of communication you may have with your attorney may be via telephone. Telephone communications can be very effective, especially when you or your attorney have a quick question. Such communication is quick and timely. Additionally, the time spent on the telephone is the most traceable form of communication. The time spent on the phone may be recorded on your phone bill and should be reflected accurately on your attorney bill. However, problems may arise when more than a couple questions need to be covered. Long telephone calls can be subject to distractions and retaining large amounts of information can become an issue.
Fax
Communications with your attorney via fax can be very useful. For example, when a lengthy document needs to be reviewed or if your signature is required on a document (and a faxed copy of your signature is acceptable), faxes can save you an unnecessary trip to your attorney’s office or the wait time associated with mailings. Like the postage fee for a mailing, there may be a cost associated with the fax, such as the call charge or the time a person in your attorney’s office had to stand in front of the fax to send or receive documents.
Mailing
Communications with your attorney via mail can be very effective when a reviewing of a particular document is not extremely urgent. Additionally, any serious issues or requests you may need to make upon your attorney may be best done in writing. Mailings are a common way attorney’s keep their client informed or on copy of all filings and communications with opposing counsel. Mailings are easy to organize and typically easy to manage.
There are several ways in which you can communicate with your divorce lawyer and choosing the right method can significantly enhance your communication with him/her. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.
© 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
By: Steven Carlson
