When Does An Unmarried Father Acquire Parental Rights?

Tue, 26 Feb 2008 23:32:53 GMT

A man who is not married to a child's mother does not have any parental rights until his paternity has been established. Paternity may be established by the father's acknowledgment or by a paternity test. The father may acknowledge his paternity simply by signing his name on the birth certificate or by consenting to the placement of his name on the birth certificate. In some states the father may have to submit a formal affidavit attesting to his paternity.

Can The State Terminate A Parent's Rights Over Their Children?

Wed, 16 Feb 2011 14:42:33 GMT

Yes. Every state has an agency that protects the interests of children. That agency may ask the court to terminate parental rights. Usually, the state must show that the parent is unfit and that severing the relationship is in the best interests of the child. To be found “unfit” the state usually must show that the child is in danger of suffering from some form of abuse, the parent is unable to care for the child (usually because of me

How Is Child Support Ordered And What Exactly Is It?

Thu, 08 Nov 2007 23:07:29 GMT

Child support is a court ordered monthly payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, m

What Is Child Support, And How Is Child Support Determined?

Tue, 27 May 2008 16:49:53 GMT

Child support is a periodic payment made to a custodial parent from a noncustodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the noncustodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are

Does Every State Follow The Same Formula In Calculating Child Support?

Fri, 29 Jul 2011 18:30:35 GMT

No. Each state has their own child support law but each state tends to follow one of three basic models: Flat Percentage, Income Shares, and the Melson Formula.

a) Flat Percentage – The child support amount is based on a percentage of the non-custodial parent’s income and the number of children they are supporting.

The following states follow this rule: Alaska, Arkansa

What Factors Are Used To Calculate Child Support Payments? Can The Amount Of The Payment Change Over Time?

Tue, 29 May 2007 20:19:00 GMT

Under the Child Support Enforcement Act of 1984, child support payments are based upon each parent's current income. This includes a number of elements including: occupational wages, assets such as stocks and bonds, welfare benefits. Other factors include the custodial parent's living expenses and the standard of living of the child before divorce, the specific needs of the child; i.e. health insurance, educational needs, and applicable day care expenses, and the noncustodial

Is A Father Who Never Married The Mother Still Required To Pay Child Support? What If The Father Is Not Allowed To See The Child?

Tue, 29 Apr 2008 19:19:21 GMT

Regardless of marital status, an ‘assumed father' is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing. Assumed fathers are required to pay child support. Additionally, a man who never marries a child's mother, but welcomes the child into his home and supports the child as his own may gain a ‘presumed' father status, and in California, the presumption of paternity holds the same rights and respo

What Happens To A Father Who Refuses To Pay Court Ordered Child Support?

Tue, 27 May 2008 19:28:58 GMT

Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license, and in California, driver's license revocation. In the event that none of these attemp

My Ex Is Not Making Child Support Payments – What Can I Do?

Thu, 08 Nov 2007 23:07:54 GMT

You can take your ex back to court. Once there, the judge has many tools available for your use. For example, you could have the judge issue a wage assignment which results in an automatic deduction from your spouse’s paycheck. You may also be able to “attach” or “levy” upon your spouse’s bank accounts, stocks or other property including a house. In addition, many states have empowered the local district attorneys office with the p

Can A Child Support Order Be Changed Or Modified?

Thu, 08 Nov 2007 23:08:47 GMT

Yes. An order for child support can be changed or modified any time there is a material change in circumstances from the time that the initial child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent’s financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. A material change in circums

How Does The Court Decide Who Gets The Children?

Thu, 08 Nov 2007 23:04:51 GMT

At the outset, it is important to understand that “custody” is usually divided into two separate categories – legal custody and physical custody. Usually, both parents are granted joint legal custody; meaning that both parents have an equal say in making the day to day decisions related to their children’s health, safety and general welfare. Physical custody simply refers to the allocation of time spent with each parent. Over the years, many states have

What Happens To Custody When One Parent Needs To Relocate?

Thu, 08 Nov 2007 23:06:58 GMT

Should a parent need to relocate, the court will continue to use the “best interests” standard in determining where the child will go. There are federal laws that prohibit a parent from simply taking a child and moving without consent of the court or the other parent.

What Is Paternity?

Wed, 13 Oct 2010 19:30:51 GMT

Paternity means fatherhood. Establishing paternity is the process of determining the legal father of a child. When parents are married, in most cases, paternity is established without legal action. If parents are unmarried, paternity must be established by other means. Both parents should start the process as soon as possible for the benefit of the child.

Until paternity is established, the father does not have the legal rights or responsibilities of a parent. Establishing pater

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