Parent - Child Relationship

Consequences: Rights & Responsibilities Rights Services Constitutionally recognized right to raise children as parents see fit. Meyers, Pierce, Prince, Yoder Responsibilities Support Protection

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

Establishing the Parent-Child Relationship

The importance determining paternity... Obtain child support from father Establish father’s visitation and custodial rights Confirm -- peace of mind Determine grandparentage, inheritance rights, insurance claims, or Social Security benefits.

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).

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.

History, cont’d 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.

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

Michael H. v. Gerald D. The presumption The rationale Identifying the Interest The child’s liberty interest? Third party visitation rights

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