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
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Stanley v. Illinois (1972)
Quillion v Walcott (1978)
Caban v. Mohammed (1978)
Lehr v. Robertson (1983)
Michael H. v. Gerald D.
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The presumption
The rationale
Identifying the Interest
The child’s liberty interest?
Third party visitation rights
Establishing Paternity: legal
developments
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Quasi-criminal
Administrative processes
Change in evidentiary standard
Federal Governments role
Uniform Parentage Act