Divorce,Lawyer,Discusses,Louis law Divorce Lawyer Discusses Louisiana Paternity
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
In the modern era of talk shows and reality television,the general public has become inquisitive and often times eager to know thepaternity of a child. The phrase"who's my baby daddy?" has become an understood phrase. While the general public may be engaged insuch observation out of pure entertainment, the issue of paternity is a veryserious matter for all the parties that are involved. In Louisiana, one mustknow the legal definition of filiation before proceeding to a fullunderstanding of paternity, and a divorce lawyer should be able to help you withthis. Filiation is defined as the legal relationship betweena child and his parent. For obvious reasons, proof of maternity is really notthat difficult to establish nor is it a hotly contested issue. Nonetheless,Louisiana has codified provisions to establish maternity should that needarise. Louisiana Civil Code Article 184 states that "maternity may beestablished by proof that the child was born of a particular woman. The mothermust prove maternity by a preponderance of the evidence, which should not bedifficult to do with the help of a divorce lawyer. Now we move on to the discussion of paternity.Louisiana Civil Code Article 185 states, "thehusband of the mother is presumed to be the father of a child born during themarriage or within three hundred days from the date of the termination of themarriage." So what does this mean? Let's use a hypo. For example, BigHenry and Big Burtha get married at the local buffet. Big Burtha has beenhaving an affair with Timid Tim. Big Burtha gives birth to Timid Tim's child,Little Lee, during her marriage with Big Henry. Because Big Burtha is marriedto Big Henry at the time of the birth of Little Lee, Big Henry is presumedLittle Lee's father. So one may ask how in the worldis Big Henry suppose to prove he is not the father. Good question. The husband of the wife mayfile a disavowal action. This action can only be filed when the man and themother are married. Louisiana Civil Code Article 187 states that the husbandmay disavow paternity of the child by clear and convincing evidence that he isnot the father. The testimony of the husband must be corroborated by otherevidence. For example, husband can't simply say to his divorce lawyer"that ain't my kid" and produce nothing more. The husband is notrequired to testify but if he so chooses, his testimony must be corroboratedwith other types of evidence such as scientific or medical evidence. Examplesof this include DNA tests, blood tests, or even the physical impossibility ofthe kid resembling the husband. The husband must act fairlyprompt in order to file a disavowal action. Louisiana Civil Code Article 189states that the husband presumed to be the father must file suit to disavowwithin one year after he learned or should have learned of the birth of thechild. If the husband dies, the time limitations apply to the heirs of thehusband. The time limitation is veryimportant because the presumption becomes non-rebuttable even if another man islater proved to be the father. A contestation action is a new action which canonly be brought by the mother of the child to prove his or her filiation. Themother can file an action to prove that the former husband is not the fatherand that her present husband is the father only if the present father hasacknowledged the child by authentic act or has signed the birth certificate.The mother has the burden of proof by clear and convincing evidence, and, forthis, a divorce lawyer should be quite helpful. The action must be institutedby the mother within 180 days from the marriage to her present husband and withintwo years from the birth of the child. See Louisiana Civil Code Article 193. The above article is informational. It is not professional legal advice, soplease do not view it as such. WillBeaumont is an attorney and is only licensed in Louisiana. He has an office in New Orleans and has anoffice in Metairie.
Divorce,Lawyer,Discusses,Louis