Protecting Childrens’ Rights During Cohabitation

Family law also applies greatly to cohabitation situations.  A father may have legal rights even when he has never been married to the mother of his children.

The issue of cohabitation has been brought before the courts much more recently than in previous generations, and it is important to understand how laws apply to children in these instances.  The number of these relationships that involve children is around twelve times greater than it was in the 1970s.  It is much more likely for a child to live with cohabiting parents than to live with a divorced parent, according to the National Survey of Family Growth.

Due to the increased frequency of cohabitation, it is vital to understand that father’s rights if the relationship should eventually end.  In a marriage the husband is presumed to be the father of any children, but this assumption is not always present in cohabitation situations.

Avoiding a scenario where an ex-girlfriend attempts to pretend that the father is not the real father of the children is prevented by establishing paternity of the child in question.  This is best done by a genetic test which the court can compel a mother to cooperate with, a legal professional can aid greatly in this process. 

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