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