Parentage & Paternity Legal Terminology

• Access: Visitation time periods with a child; can be restricted, supervised, or unsupervised
• Acknowledged father: A man who asserts being the father of a child by filing an acknowledgement of paternity
• Amicus attorney: An attorney appointed by the court to represent the child’s best interest and to assist the court as a non-adversary attorney to the case
• Attorney ad litem: Can be appointed by the court in most SAPCR cases; represents the child’s actual objectives and determines if the child understands the nature of circumstances during a case
• Best interest of the child test: The best interest of the child is the controlling factor in almost every circumstance arising in family law; the best interest of the child takes into account what is best for the child’s physical and emotional development and welfare
• Clear and convincing evidence: Evidentiary standard that requires the thing to be proved is highly probable or reasonably certain; this evidentiary standard is a lower burden than “beyond a reasonable doubt” which is used in criminal cases
• Exclusive right to designate primary residence of child: A right typically designated to one parent in a SAPCR who is considered the “primary parent” for purposes of determining where the child will live; the primary parent is restricted to a specific geographic region when making the child’s residency determination
• Guardian ad litem: Can be appointed by the court in most SAPCR cases; represents the child’s best interest by interviewing the child and every person with knowledge about the child’s history and condition; must be appointed in a termination case
• Parent Education and Family Stabilization Course: A court may order parents to attend a parent education and family stabilization course; the course is typically conducted by a mental health professional; the court provides guidance to those who are struggling with the difficult issues relating to divorce, child custody, parenting, and other related aspects
• Parenting coordinator: A neutral third party appointed by the court in high conflict cases; uses confidential procedures to aid parents on issues relating to parenting and other family issues stemming from a SAPCR order
• Parenting facilitator: A neutral third party appointed by the court in high conflict cases; uses non-confidential procedures to aid parents on issues relating to parenting and other family issues stemming from a SAPCR order
• Parenting Plan: Every SAPCR must incorporate a parenting plan – whether agreed or ordered by the court; the parenting plan sets out the rights and duties of each conservator, possession schedule and child support; the plan must be found to be in the best interest of the child
• Paternity by estoppel: A court may adjudicate a man to be a presumed father if a couple has been married and: 1) the conduct of the mother or the presumed father is in accordance with the parent-child relationship and 2) it would be inequitable and against the best interest of the child to disprove the father-child relationship
• Possession: Possession refers the ability to have actual custody of a child – not just visitation; Possession can be court ordered and enforceable through a variety of methods, including contempt
• Pre-marital agreement: A contract between two parties who have the intent to get married; must be in writing; can agree to terms relating to the rights and obligations in any property, management and control of property, disposition of property, modification of spousal support, making a will or trust to carry out provisions of the agreement, benefits from life insurance policies, and other matters that are not criminal violations or against public policy
• Presumption of paternity: A man is presumed to be the father of the child if: a child was born during (or within 300 days after) marriage; marriage occurs after birth of the child and husband voluntarily asserts paternity; or man resided with child during the first two years of the child’s life and acted as parent to child
• Social study: A formal investigation into the home of a child; a social worker performs an assessment of the home environment; investigations are prepared where there has been abuse or neglect to a child or to prepare for adoption of a child
• Voluntary termination: A parent may choose to terminate their parental right voluntarily; a petition to voluntarily terminate a parent’s right can be filed at any time after the first trimester of the pregnancy; a parent can terminate their rights and avoid the court system by filing an affidavit of relinquishment of parental rights; the completion of a medical history report may also be required because termination is typically a precursor to adoption
• Involuntary termination: Involuntary termination of the parent-child relationship is where a parent has their right as a parent terminated unwillingly; involuntary termination occurs when there is clear and convincing evidence that there are proper grounds for termination and the termination is in the best interest of the child; grounds for involuntary termination include: neglect; abuse; parental misconduct; use of controlled substances in a manner that endangers the child; failure to support the child for over a year; imprisonment of more than 2 years; the list of different grounds for involuntary termination is non-exclusive and the court has broad discretion in determining what is in the best interest of the child