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Family Law: Paternity Palimony

from law.com

Paternity Suit

A lawsuit, usually by a mother, to prove that a named person is the father of her child (or the fetus she is carrying). Evidence of paternity may include blood tests (which can eliminate a man as a possible father), testimony about sexual relations between the woman and the alleged father, evidence of relationship of the couple during the time the woman became pregnant, admissions of fatherhood, comparison of child in looks, eye and hair color, race and, increasingly, DNA evidence. In addition to the desire to give the child a known natural father, proof of paternity will lead to the right to child support, birthing expenses and the child's inheritance from his father. The threat of a paternity suit against a man married to another may lead to a prompt and quiet settlement.

Palimony

A substitute for alimony in cases in which the couple were not married but lived together for a long period and then terminated their relationship. The key issue is whether there was an agreement that one partner would support the other in return for the second making a home and performing other domestic duties beyond sexual pleasures. Written palimony contracts are rare, but the courts have found "implied" contracts, when a woman has given up her career, managed the household or assisted in the man's business for a lengthy period of time. In the past 20 years palimony suits have proliferated, particularly against celebrities and wealthy businessmen, but the earliest was the famous California case of Sarah Althea Hill v. Senator William Sharon in the 1880s, which Ms. Hill lost. The line between a mutual "affair" and a relationship warranting palimony is a difficult one which must be decided on a case by case basis. Palimony suits may be avoided by contracts written prior to or during the relationship.

Family Law Specialties:

Adoption | Annulment | Child Custody | Child/Spousal Support | Divorce | Domestic Violence/TRO's | Guardianships | International Prenuptial Agreement | Interstate | Juvenile Dependency | Legal Separation | Mediation | Marital Settlement Agreements | Paternity Palimony | Stipulations | Support Modification


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