The establishment of the identity of the father of a child is an important determination. It establishes rights and responsibilities for the father, mother and the child as well. It provides the child with financial support and grants the father with rights to custody and visitation with the child. As such, the paternity of a child is important to all parties involved.
Under state law, Kim Kardashian's estranged husband Kris Humphries is presumed to be the father of her child. According to the law, the child is presumed to be his because the former couple is still legally married. The law states that any man is presumed to be the father of a child if he currently is or has been married to the mother and the baby is born during the marriage or within 300 days of death, annulment, invalidity, divorce or separation. Although Humphries filed for an annulment in December 2011, a separation is yet to be granted by the court. The presumption can be overcome by clear and convincing evidence.
When a child is born to a married couple, there exists a legal presumption that the father of the child is the husband. If a couple is not married at the time of a child's birth, they must establish paternity. If an unmarried couple is certain of the identity of the father, they can establish paternity by signing a voluntary acknowledgement of paternity. If that is not feasible, for whatever reason, paternity can be established through legal action. A mother can file a paternity action to establish a father's identity, usually through genetic testing. A father may also bring an action to legitimate a child to invoke his parental rights.
Establishment of paternity is important grants the father parental rights to the child such as custody, visitation and decision-making. It also makes the father responsible for supporting the child financially. Additionally, the child receives the right to inherit from the father and the right to access the father's health information.
Paternity of a child can be presumed, voluntarily acknowledged or established through a legal action. The responsibilities imposed and the rights granted are highly important to the parents and the child. It is thus important that all parties are aware of their rights and options in such situations.
Source: Fox 40 Sacramento, "Kris Humphries is the Presumed Dad of Kim K.'s Baby," Jan. 3, 2013
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