Also, all law is archaic. It’s based in principles that are in many cases ancient, and it doesn’t lend itself to the way people think things “ought” to be. The court isn’t charged with considering the interests of either parent, but the best interests of a child.
This law was established under the doctrine that it’s in the best interest of a child to have two parents. You can agree or disagree (I’ve argued both sides in individual cases) but the doctrine exists.
This policy is the standard. If you have evidence of states that don’t use it I’d be interested.
Yes, “illegitimate” is still a legal term. A child born as issue of a marriage is legitimate and a child born otherwise isn’t. It’s not a matter of political correctness, it’s just a legal term.
Oof. I didn't know the term was still applied to children. New York, Illinois, Pennsylvania, Ohio, Washington, and Massachusetts do not apply a pregnancy rider to divorce.
In fairness, outside of certain cases nobody calls kids that. I’ve cited to cases that use the word “bastard” that were no older than the ‘50s. The law runs behind public sentiment.
If we know the child is not the husband’s and the split is amicable we will bring the real father in as a party, file a parentage for him and terminate husband’s rights on the same day. We will also order support from the biological father. That order continues until (and if) the biological father and mother marry. If they don’t, the order just continues.
I don't know...plenty of other states have figured this out. The law is archaic. Is the term "illegitimate" still used in courts? Good lord!
Also, all law is archaic. It’s based in principles that are in many cases ancient, and it doesn’t lend itself to the way people think things “ought” to be. The court isn’t charged with considering the interests of either parent, but the best interests of a child.
This law was established under the doctrine that it’s in the best interest of a child to have two parents. You can agree or disagree (I’ve argued both sides in individual cases) but the doctrine exists.
This policy is the standard. If you have evidence of states that don’t use it I’d be interested.
Yes, “illegitimate” is still a legal term. A child born as issue of a marriage is legitimate and a child born otherwise isn’t. It’s not a matter of political correctness, it’s just a legal term.
Oof. I didn't know the term was still applied to children. New York, Illinois, Pennsylvania, Ohio, Washington, and Massachusetts do not apply a pregnancy rider to divorce.
In fairness, outside of certain cases nobody calls kids that. I’ve cited to cases that use the word “bastard” that were no older than the ‘50s. The law runs behind public sentiment.
Now, of course, it’s running counter to it.
If we know the child is not the husband’s and the split is amicable we will bring the real father in as a party, file a parentage for him and terminate husband’s rights on the same day. We will also order support from the biological father. That order continues until (and if) the biological father and mother marry. If they don’t, the order just continues.
I’m in OH. We do.