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Processing Paternity Presumptions

Writer: Claire Edwards
Claire Edwards
Oct 1
2 min read
Exploring Paternity Series, Post 1
Exploring Paternity Series, Post 1

Here is the overview of what I'm working on. Let's start by getting too personal and me sharing a little TMI.

  • I'm a mom of two boys who were born to my ex husband (husband at the time of birth and conception), and I'm a mom of one girl who was born to my current not-husband (we're not married, weren't married at time of her birth or conception, but we live together and act like husband and wife). I've been a lawyer for 14 years and I've been focused in family law for 12 of those years.

  • I notice little inequities and they greatly disturb me. In particular, in civil court (Louisiana court regulated by the Civil Code), I find that paternity is very strictly adhered to for children to be allowed to spend time with their father, but in juvenile court (Louisiana court regulated by the Children's Code), I find that paternity is not always established, and I've had cases where fathers' parental rights are terminated when paternity has never been established. Wild.

  • My goal here is to make sense of paternity. Paternity for the married men. Paternity for the not-husbands. Paternity for the abusive exes who moms hide from. Paternity for the missing men. DNA as a factor of paternity. Written notarized forms as a factor of paternity. Government issued documents as a factor of paternity. Let's make sense of all these different situations, and many more, as they are right now and see if we can make a better way forward.

  • This series is undeniably child focused. I'm undeniably pro-choice, so I'm very disturbed that Louisiana does not allow for child support for pregnant women, only after the baby comes. So, while if I were to take a client, I'd be focusing on mom's best interest or dad's best interest, for this series, I'm focusing on child's best interest.

 
 
 

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