Paternity

Paternity laws are based, in part, on presumptions. It is conclusively presumed that the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage. This presumption may be applied against a man who is the biological father of the child. A divorce or separation does not impact this conclusive presumption. The presumption will be applied unless it would result in a bizarre and illogical outcome. The presumption will not be applied against the biological father in favor of the presumed father where there was no relationship between the child and the biological father. Family law courts have jurisdiction to determine parentage by using genetic testing. Once parentage is established, a person has all the rights of a parent, may obtain custody/visitation orders, and may be ordered to pay child support.