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Title:

Parent Child Relationship

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Constitutionally recognized right to raise children as parents see fit. ... Lehr v. Robertson (1983) Michael H. v. Gerald D. The presumption. The rationale ... – PowerPoint PPT presentation

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Title: Parent Child Relationship


1
Parent - Child Relationship
2
Consequences Rights Responsibilities
  • Rights
  • Services
  • Constitutionally recognized right to
    raise children as parents see fit. Meyers,
    Pierce, Prince, Yoder
  • Responsibilities
  • Support
  • Protection

3
Forms of State Regulation
  • 1.  Displace parental authority
  • 2.   Reinforce parental authority
  • 3.   Vindicate child's right to autonomy from
    parent

4
Establishing the Parent-Child Relationship
5
The importance determining paternity . . .
  • Obtain child support from father
  • Establish fathers visitation and custodial
    rights
  • Confirm -- peace of mind
  • Determine grandparentage, inheritance rights,
    insurance claims, or Social Security benefits.

6
Present statistics -- national
  • As recently as 1960, only 5 of American children
    were born outside marriage.
  • Presently, more than 40 of American children are
    born to parents who are not married. U.S. Bureau
    of the Census, Current Population Reports,
    (2006).

7
History -- filius nullius
  • Under early common law, a child born out of
    wedlock was considered filius nullius -- the
    child of no one. If paternity was established at
    all, the parents suffered the indignities of
    criminal bastardy proceedings, and the child
    had few legal rights.

8
History, contd
  • Fathers of children born out-of-wedlock were
    viewed as irresponsible by the common law.
  • Consequently, they were often not given
    visitation, custody, or an opportunity to adopt.

9
The Unwed Father and the Constitution
  • Stanley v. Illinois (1972)
  • Quillion v Walcott (1978)
  • Caban v. Mohammed (1978)
  • Lehr v. Robertson (1983)

10
Michael H. v. Gerald D.
  • The presumption
  • The rationale
  • Identifying the Interest
  • The childs liberty interest?
  • Third party visitation rights

11
Establishing Paternity legal developments
  • Quasi-criminal
  • Administrative processes
  • Change in evidentiary standard
  • Federal Governments role
  • Uniform Parentage Act
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