Newsletters

Right of Putative Father to have his Child Bear his Surname

In some instances, a putative father who gains custody or visitation of his child may want the child's surname changed from that of the mother's to his own. Neither parent has a paramount right over the other to assign to the child a particular surname, even in those jurisdictions that statutorily mandate the child's surname initially is to be that of the mother.

Child Welfare Agencies' Potential Malpractice Liability for Improperly Detaining a Child in the Foster Care System

States have enacted laws requiring the filing of reports of suspected child abuse and neglect, and most states have specialized child protective agencies to investigate these reports. The organization of the agencies varies greatly from state to state. Child protective agencies should essentially perform the same functions.

Child Support and the Military

Enforcement of child support with respect to active military personnel is different than that of enforcement of civilian child support. First and foremost, locating the military individual can be difficult.

Paternity Fraud

Paternity fraud occurs when a mother or alleged father acts in a deceitful manner to either establish paternity or to show that paternity does not exist. For example, the mother may place an alleged father's name on a birth certificate who is not the biological father. The mother or alleged father may also tamper with the paternity test results.

Uniform Divorce Recognition Act

The Uniform Divorce Recognition Act has been adopted by seven states: California, Nebraska, New Hampshire, North Dakota, Rhode Island, South Carolina, and Wisconsin. The Act applies only to those seven states. The Act does not apply to any other state.