A Guide to Resources in the Law Library
· “The purpose of what were formerly called bastardy actions and are now called paternity proceedings is to relieve the public of the burden of supporting an illegitimate child and to provide the mother with assistance in carrying out her obligation of support.” Kuser v. Orkis, 169 Conn. 66, 71, 362 A.2d 943 (1975).
· “In this State there are only three ways of legally establishing paternity: (1) the marital presumption if the mother and the putative father are married to each other; (2) adjudication of paternity by a court of competent jurisdiction; or (3) a formal acknowledgment of paternity in accordance with the acknowledgment statute.” Hjarne v. Martin, No. FA00-0631333 (Conn. Super. Ct., J.D. Hartford, Apr. 21, 2002).
· “A paternity petition ‘may be brought at any time prior to the child's eighteenth birthday, provided liability for past support shall be limited to the three years next preceding the date of the filing of any such petition.’ Connecticut General Statute § 46b-160.” Watters v. Mase, No. FA04 400 39 40 (Aug. 12, 2005).
· “The private interests that are at stake in this litigation involve both the putative father and the child . . . . The putative father faces a possible loss of liberty if he is found ‘guilty’ and subsequently fails to pay court ordered child support. General Statutes §§ 46b-171, 46b-215, 53-304. In addition, both father and child have substantial financial and property interests at stake. The father is liable for past, present and future child support. General Statutes § 46b-171. In later years the child may be liable for the support of its father; General Statutes § 53-304; and may eventually have claims upon the father's estate. The child's interests also extend to its health, which may depend upon an accurate family medical history.” Lavertue v. Niman, 196 Conn. 403, 493 A.2d 213, (Conn. 1985).
· “A paternity petition ‘may be brought at any time prior to the child's eighteenth birthday, provided liability for past support shall be limited to the three years next preceding the date of the filing of any such petition.’ Connecticut General Statute § 46b-160.” Watters v. Mase, No. FA04 400 39 40 (Aug. 12, 2005).
· “A child shall be made a party to a paternity action under the provisions of General Statutes § 46b-172a (c) when the putative father requests an adjudication of paternity. The legislative history for § 46b-172a shows that there is legislative intent for the child to be a party to paternity proceedings.” Ragin v. Lee, 78 Conn. App. 848, 854, 829 A.2d 93 (2003).
· “‘An educational support order may be entered with respect to any child who has not attained twenty-three years of age and shall terminate not later than the date on which the child attains twenty-three years of age.’ Connecticut General Statute § 46b-56c(a) An order may be issued pursuant to a Petition for Paternity and Support. Connecticut General Statute § 46b-56c(b)(3). The educational support statute provides that a ‘court may not enter an educational support order pursuant to this section unless the court finds as a matter of fact that it is more likely than not that the parents would have provided support to the child for higher education or private occupational school if the family were intact.’ Connecticut General Statute § 46b-56(c).” Watters v. Mase, No. FA04 400 39 40 (Aug. 12, 2005). (emphasis added).
Contents
§ 1 Rights And Status Of Children Born Out-Of-Wedlock
§ 2 Children And Annulment Of Marriage
§ 3 Rights Of Unmarried Fathers In Paternity Actions
§ 4 Rights Of Mothers In Paternity Actions
§ 5 Marital Presumption In Connecticut
§ 6 Proceedings To Establish Paternity
§ 6c Petition by mother or expectant mother
§ 6d Claim for paternity by father
Tables in this chapter:
Table 1 Child Born Out-of-Wedlock: Selected Statutory Provisions
Table 2 Nonfather's Parental Rights
Table 3 Opening a Paternity Judgment
Table 4 Weidenbacher v. Duclos
Table 5 Paternity Action by State or Town
Table 6 Paternity Actions by Child
Table 7 Service and return of process
Figures in this chapter:
Figure 1 Motion for HLA Testing
Figure 2 Motion for payment of blood tests
A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to the rights and status of children born out-of-wedlock in Connecticut
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DEFINITION: |
· Child Out of Wedlock: “Unlike a valid marriage which creates a legal status between the parties and has been said to be the marital res capable of furnishing the basis for jurisdiction of a court, the birth of a child out of wedlock does not, per se, create any legal status between the child and a putative father. Generally, the legitimatization of such a child vis-a-vis his ‘father’ is a matter of statute.” Hayes v. Smith, 194 Conn. 52, 64, 480 A.2d 425 (1984).
· Child of a Marriage: “The issue of any void or voidable marriage shall be deemed legitimate. Any child born before, on or after October 1, 1976, whose birth occurred prior to the marriage of his parents shall be deemed a child of the marriage.” Conn. Gen. Stats. § 46b-60 (2008)
· Equal Protection of the Law: "The United States Supreme Court, moreover, has held that illegitimate children cannot be denied equal protection of the law." Trimble v. Gordon, 430 U.S. 762, 776, 97 S. Ct. 1459, 52 L.Ed. 2d 31 (1977).
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STATUTES: |
· Conn. Gen. Stats. (2008)
Chapter 802b. Decedents' estate § 45a-438(b). Children born out of wedlock may inherit.
Chapter 815j. Dissolution of marriage, legal separation and annulment § 46b-45a. Allegation of pregnancy in pleadings. Disagreement as to paternity. Hearing
§ 46b-61. Orders re children where parents live separately. “In all cases in which the parents of a minor child live separately, the superior court for the judicial district where the parties or one of them resides may, on the application of either party and after notice given to the other, make any order as to the custody, care, education, visitation and support of any minor child of the parties, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause.” [Emphasis added]
Chapter 815y. Paternity matters § 46b‑160. Petition by mother or expectant mother. § 46b-172a. Claim for paternity by putative father (a). "The child shall be made a party to the action."
Chapter 816. Support § 46b-215. Relatives obliged to furnish support. Attorney General and attorney for town as parties. Orders. (a)(4). “For purposes of this section, the term ‘child’ shall include one born out of wedlock whose father has acknowledged in writing paternity of such child or has been adjudged the father by a court of competent jurisdiction, or a child who was born before marriage whose parents afterwards intermarry.”
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CASES: |
U.S. Supreme Court· Gomez v. Perez, 409 U.S. 535, 538, 93 S.Ct. 872, 35 L.Ed. 2d 56 (1973). “Under these decisions, a State may not invidiously discriminate against illegitimate children by denying them substantial benefits accorded children generally. We therefore hold that once a State posits a judicially enforceable right on behalf of children to needed support from their natural fathers there is no constitutionally sufficient justification for denying such an essential right to a child simply because its natural father has not married its mother.” Connecticut· Foster v. Smith, 91 Conn. App. 528, 534-535, 881 A.2d 497 (2005). Connecticut appellate courts have decided that a minor child who is the subject of a paternity action has a fundamental interest in an accurate determination of paternity. See Lavertue v. Niman, 196 Conn. 403, 409, 493 A.2d 213 (1985); Ragin v. Lee, supra, 78 Conn. App. 861. The United States Supreme Court has also acknowledged that ‘both the child and the defendant in a paternity action have a compelling interest in the accuracy of such a determination.’ Little v. Streater, 452 U.S. 1, 13, 101 S.Ct. 2202, 68 L.Ed.2d 627 (1981). In Ragin v. Lee, supra, 864, this court determined that a minor child had standing to bring a motion to open a default judgment of paternity on the basis of the child's independent right to an accurate determination of paternity in that proceeding. In reaching that decision, this court took into account the fact that ‘Connecticut has long recognized that children have a separate and independent interest in family relations matters . . . [and that] . . . [o]ur Supreme Court has recognized that both the father and the child in a paternity proceeding have an interest in seeing that their rights to companionship, care and custody are accurately adjudicated.’ (Citations omitted.) Id., 861. Furthermore, our Supreme Court has considered the child's interests in that regard to be especially strong. Lavertue v. Niman, supra, 409. ‘Any determination that a particular individual is a child's biological father may have profound sociological and psychological ramifications. . . . It is in the child's interest not only to have it adjudicated that some man is his or her father and thus liable for support, but to have some assurance that the correct person has been so identified.’”
· Shockley v. Okeke, 48 Conn. Sup. 647, 856 A.2d 1054 (2004). “The court finds that the legal name of the minor child is as acknowledged by both the parents of the child in the acknowledgment of paternity that is on file both in the present case and in the companion custody and visitation case. A similar method of assigning a legal name to a minor child has been approved in Don v. Don, supra, 142 Conn. [309]313 [1955] and In re Tanaja G., Superior Court, Juvenile Matters at Hartford (April 28, 2000) (Keller, J.). These are the only two Connecticut court decisions which, in any way, refer to a court determining a minor child's original legal name. The acknowledgment of paternity in the present case was signed the day after the child's birth.”
· Ragin v. Lee, 78 Conn. App. 848, 863, 829 A.2d 93 (2003). “We hold that a child who is the subject of a paternity action has fundamental interest in an accurate determination of paternity that is independent of the state's interest in establishing paternity for the benefit of obtaining payment for the child's care and any interest that the parents may have in the child.”
· Brancato v. Moriscato, No. CV 03 0472496 S (Conn. Super. Ct., J.D. New Haven , Feb. 27, 2003) “To suggest that paternity can only be established in this one way[the applicant . . . show that the decedent acknowledged her in writing and treated her openly as his child]is a gross misapplication of case law and the statutes pertaining to paternity and intestate inheritance.”
· W. v. W., 248 Conn. 487, 495, 728 A.2d 1076 (1999). “The second issue on appeal is whether the trial court acted improperly when it equitably estopped the defendant from denying that he is the father of the plaintiff’s older child. We conclude that the trial court’s action was proper.”
· Andrews-White v. Mitchell, 15 Conn. L. Rptr. 629 at 629-30 (Hartford 1995), 1995 WL 684779. “The defendant accurately notes the statutory limits as to who may initiate paternity actions; C.G.S. § 46b-160 (mother or expectant money); C.G.S. § 46b-162 (action by state or town) and C.G.S. § 46b-172a [claim for paternity by putative father]. The statutory scheme is devoid of reference to an action by a child or her guardian. This is a disturbing scenario when one considers that it is the child's interest which is at stake; as it is the child who has the primary interest in establishing a relationship to its father. Pickett v. Brown, 462 U.S. 1, 16 n.15 (1983). This Court for the reasons set forth below, finds that the child's interest in establishing paternity is a fundamental state and federal constitutional liberty interest of the child. The common law recognizes this right and the judicial system must afford the child an opportunity to exercise and protect her interest.”
· Stevens v. Leone, 35 Conn. Supp. 237, 239-240, 406 A.2d 402 (1979). "It seems obvious from the remarks of the chairman of the house judiciary committee at the time that the amendment [now Conn. Gen. Stat. § 46b-61 (2001)] was introduced that it was the intent of the legislature to expand the jurisdiction of the Superior Court regarding custody issues from controversies arising out of a dissolution of marriage to controversies in which a child had been born without benefit of marriage."
· Franklin v. Congelosi, 6 Conn. Cir. 357, 360, 273 A.2d 291 (1970). “Moreover, ‘[i]f the father of an illegitimate child is legally bound to support it, his promise to furnish such support or to pay for support rendered is itself enforceable without any consideration.” 1A Corbin, Contracts § 231, p.347; note, 20 A.L.R.3d 500, 520.”
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DIGESTS: |
· ALR Index: Legitimacy of children · ALR Digest: Children Out-of-Wedlock · Connecticut Family Law Citations: Paternity
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WEST KEY NUMBERS:
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· Children Out-Of-Wedlock # 1-19. Status in general # 20. Custody # 21-23. Support # 80-90. Property
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ENCYCLOPEDIAS: |
· 14 C.J.S. Children Out-of-Wedlock (1991). §§ 1-12. In general §§ 13-22. Evidence of legitimacy §§ 23-29. Legitimization and similar matters §§ 30-33. Repudiation of legitimacy or presumed paternity §§ 34-39. Custody and protection §§ 40-62. Support, maintenance and education §§ 63-69. Inheritance by or through children born out of wedlock
· 41 Am. Jur. 2d Illegitimate Children (2005). I. Overview; Who are illegitimate childern II. Presumption of legitimacy and paternity III. Voluntary acknowledgment and denial of paternity IV. Civil action to establish paternity V. Support of children VI. Custody of children VII. Capacity to take property; Inheritance rights VIII. Legitimation
· Cause Of Action On Behalf Of Child Or Mother To Establish Paternity, 6 COA 2d 1 (1994). § 17. Parties. Generally.
· George L. Blum, Annotation, Right Of Illegitimate Child To Maintain Action To Determine Paternity, 86 ALR5th 637 (2001).
· William G. Phelps, Annotation, Eligibility Of Illegitimate Child For Survivor’s Benefits Under Social Security Act, Pursuant To § 216(h)(2)(A) Of Act (42 USCS § 416(h)(2)(A), Where State Intestacy Law Denying Inheritance Right, Or Application Of That State Law To § 216(h)(2)(A), May Violate Child’s Right To Equal Protection Of Laws, 116 ALR Fed 121(1993).
· Lee R. Russ, Annotation, Right Of Illegitimate Grandchildren To Take Under Testamentary Gift To “Grandchildren”, 17 ALR4th 1292 (1982).
· Catherine R. Lazuran, Annotation, Posthumous Illegitimate Child As “Child” Entitled To Survivor’s Benefits Under § 216 Of The Social Security Act (42 USCS § 416), 36 ALR Fed 166 (1978).
· Donald M. Zupanec, Annotation, Right Of Illegitimate Child, After Levy v Louisiana, To Recover Under Wrongful Death Statute For Death Of Putative Father, 78 ALR3d 1230 (1977).
· Irwin J. Schiffres, Annotation, Discrimination On Basis Of Illegitimacy As Denial Of Constitutional Rights, 38 ALR3d 613 (1971).
· Annotation, Supreme Court’s Views As To The Status And The Rights Of Illegitimate Children, 41 LEd. 2d 1228 (1975).
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PAMPHLETS: |
· Establishing Paternity: Questions and Answers for Dads http://www.ct.gov/dss/lib/dss/PDFs/patdad.pdf
· Establishing Paternity: Questions and Answers for Moms http://www.ct.gov/dss/lib/dss/PDFs/patmom.pdf
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TEXTS & TREATISES: |
· 8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000). Chapter 38. Child Support § 38.8. Illegitimate children § 38.11. Support claim not based on birth or adoption § 38.13. Child’s need for maintenance
· Robert H. Folsom and Gayle B. Wilhelm, Incapacity, Powers of Attorney and Adoption in Connecticut 3d (2007). Chapter 3. Guardianships § 3:6. Status of illegitimate children
· 1 Nina M. Vitek, Disputed Paternity Proceedings (2008). Chapter 1. Overview of disputed paternity actions § 1.03. Present legal status of the nonmarital child [1] Custody [2] Visitation [3] Support order and agreements [4] Rights of inheritance [5] Wrongful death recovery [6] Workers’ compensation [7] Social security benefits [8] Citizenship [9] Income tax dependency exemption Chapter 5. Rights enforceable in paternity actions § 5.01. Effect of judgment § 5.02. Child support § 5.03. Custody and visitation § 5.04. Name change
· 6 Arnold H. Rutkin, Family Law and Practice (2008). Chapter 63. Paternity proceedings § 63.01. Introduction [1]. Nature and purpose of proceedings generally [d]. legitimation
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LAW REVIEWS: |
· Randy Curry, Illegitimate Children¾Protecting Their Rights In The Courtroom, 8 Journal of Juvenile Law 234 (1984). · Aviam Soifer, Parental Autonomy, Family Rights and The Illegitimate: A Constitutional Commentary, 7 Connecticut Law Review 1 (1974).
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COMPILER: |
Compiled by Lawrence Cheeseman, Connecticut Judicial Branch Law Library, One Court Street, Middletown, CT 06457, (860) 343-6560. EMAIL
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Table 1 Child Born Out-of-Wedlock: Selected Statutory Provisions
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Children Born Out-of-Wedlock: Selected Statutory Provisions
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Birth Certificate |
“No certificate of birth shall contain any specific statement that the child was born in or out of wedlock or reference to illegitimacy of the child or to the marital status of the mother, except that information on whether the child was born in or out of wedlock and the marital status of the mother shall be recorded on a confidential portion of the certificate pursuant to section 7-48. Upon the completion of an acknowledgment of paternity at a hospital, concurrent with the hospital’s electronic transmission of birth data to the department, or at a town in the case of a home birth, concurrent with the registration of the birth data by the town, the acknowledgment shall be filed in the paternity registry maintained by the department, as required by section 19a-42a, and the name of the father of a child born out of wedlock shall be entered in or upon the birth certificate or birth record of such child. All properly completed post birth acknowledgments or certified adjudications of paternity received by the department shall be filed in the paternity registry maintained by the department, and the name of the father of the child born out of wedlock shall be entered in or upon the birth record or certificate of such child by the department, if there is no paternity already recorded on the birth certificate. If another father’s information is recorded on the certificate, the original father’s information shall not be removed except upon receipt by the department of a certified order by a court of competent jurisdiction in which there is a finding that the individual recorded on the birth certificate, specifically referenced by name, is not the child's father, or a finding that a different individual than the one recorded, specifically referenced by name, is the child's father. The name of the father on a birth certificate or birth record shall otherwise be removed or changed only upon the filing of a rescission in such registry, as provided in section 19a-42a. The Social Security number of the father of a child born out of wedlock may be entered in or upon the birth certificate or birth record of such child if such disclosure is done in accordance with 5 USC 552a note." Conn. Gen. Stats. § 7-50(a) (2008).
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Health insurance |
“An insurer shall not deny enrollment of a child under the group health plan of the child's parent if: (1) The child was born out of wedlock, provided the father of the child has acknowledged paternity pursuant to section 46b-172 or has been adjudicated the father pursuant to section 46b-171; (2) the child is not claimed as a dependent on the federal income tax return of the parent; (3) the child does not reside with the parent or in the insurer's service area; or (4) if the child is receiving, or is eligible for benefits under a state medical assistance plan required by the Social Security Act.” Conn. Gen. Stats. § 38a-497a(c) (2008).
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Inheritance |
“Except as provided in section 45a-731, for purposes of intestate succession by, through or from a person, an individual is the child of his genetic parents, regardless of marital status of such parents. With respect to a child born out of wedlock, the father of a child born out of wedlock shall be considered a parent if (1) the father and mother have married after the child's birth, or (2) the father has been adjudicated the father of the child by a court of competent jurisdiction, or (3) the father has acknowledged under oath in writing that he is the father of the child, or (4) after the death of either the father or the child, paternity has been established by the Probate Court by clear and convincing evidence that the father has acknowledged in writing that he is the father of the child and has openly treated the child as his.” Conn. Gen. Stats. § 45a-438(b) (2008).
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“The adopting parent and the adopted person shall have rights of inheritance from and through each other and the biological and adopted relatives of the adopting parent. The right of inheritance of an adopted person extends to the heirs of such adopted person, and such heirs shall be the same as if such adopted person were the biological child of the adopting parent;” Conn. Gen. Stats. § 45a-731(2) (2008)
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A Guide to Resources in the Law Library
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SCOPE: |
· Bibliographic resources relating to children and annulment of marriage including child support, custody and visitation
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SEE ALSO: |
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STATUTES: |
· Conn. Gen. Stat. (2008) § 46b-60. Orders re children and alimony in annulment cases. In connection with any petition for annulment under this chapter, the Superior Court may make such order regarding any child of the marriage and concerning alimony as it might make in an action for dissolution of marriage. The issue of any void or voidable marriage shall be deemed legitimate. Any child born before, on or after October 1, 1976, whose birth occurred prior to the marriage of his parents shall be deemed a child of the marriage.”
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CASES: |
· Hames v. Hames, 163 Conn. 588, 593, 316 A.2d 379 (1972). “Section 46-28 of the General Statutes provides that the issue of any void or voidable marriage shall be deemed legitimate and permits the Superior Court to order alimony, custody and child support as it might in a divorce proceeding.” · Sarantos v. Sarantos, 18 Conn. Supp. 472, 474 (1953). “Our statute (§ 7341) empowers our court to annul a marriage illegal under the laws of the foreign state in which it was celebrated. It does not purport to carry over to Connecticut the foreign law of the state in which the marriage was celebrated as to the legitimacy of the offspring of such marriage. The question of legitimacy under the facts here is governed by the law of Connecticut, which at the time of the child's birth was, and up to the present time continuously has been, the domicil of both parents and of the child.”
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DIGESTS: |
· ALR Index: Legitimacy of children · ALR Digest: Children Out-of-Wedlock · Connecticut Family Law Citations: Paternity
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TEXTS & TREATISES:
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· 7 Arnold H. Rutkin and Kathleen A. Hogan, Connecticut Practice Series. Family Law And Practice with Forms (1999). Chapter 14. Procedure in Annulment Actions § 14.8 Legitimacy of children
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ENCYCLOPEDIAS:
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· 4 Am. Jur. 2d Annulment of Marriage § 84 (2007). Necessity of dispute as to validity of marriage
· 41 Am. Jur. 2d Illegitimate Children (2005). Presumptions of legitimacy and paternity § 20. Presumption where child born after annulment, divorce, or separation
· 14 C.J.S. Children Out-Of-Wedlock (1991). § 3. Issue of void or voidable marriage § 4. _______. Statutory provisions § 17. Birth after termination of marriage
· Ferdinand S. Tinio, Annotation, Presumption Of Legitimacy Of Child Born After Annulment, Divorce Or Separation, 46 ALR3d 158 (1972).
· Annotation, Court’s Power As To Custody And Visitation Of Children In Marriage Annulment Proceedings, 63 ALR2d 1008 (1959).
· Annotation, Court’s Power As To Support And Maintenance Of Children In Marriage Annulment Proceedings, 63 ALR2d 1029 (1959).
· Cause Of Action On Behalf Of Child Or Mother To Establish Paternity, 6 COA2d 1 (1994). · CAUSE OF ACTION TO ANNUL MARRIAGE, 29 COA 431 § 21. Misrepresentation regarding pregnancy or child’s paternity (1992).
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COMPILER: |
Lawrence Cheeseman , Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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SCOPE: |
Bibliographic resources relating to parental rights and status of unmarried fathers in paternity actions.
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SEE ALSO: |
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DEFINITIONS: |
· “Father and mother joint guardians. The father and mother of every minor child are joint guardians of the person of the minor, and the powers, rights and duties of the father and the mother in regard to the minor shall be equal. If either father or mother dies or is removed as guardian, the other parent of the minor child shall become the sole guardian of the person of the minor.” Conn. Gen. Stat. §45a-606 (2008)
· “Once alleged parental rights of the father have been adjudicated in his favor under subsection (b) of this section, or acknowledged as provided for under section 46b-172, his rights and responsibilities shall be equivalent to those of the mother, including those rights defined under section 45a-606.” Conn. Gen. Stat. §46b-172a(g) (2008) (Emphasis added).
· “The notice to the putative father shall inform him that (A) he has a right to be represented by an attorney, and if he is indigent, the court will appoint an attorney for him, (B) if he is found to be the father, he will be required to financially support the child until the child attains the age of eighteen years, (C) if he does not admit he is the father, the court or family support magistrate may order a genetic test to determine paternity and that the cost of such test shall be paid by the state in IV-D support cases, and in non-IV-D cases shall be paid by the petitioner, except that if he is subsequently adjudicated to be the father of the child, he shall be liable to the state or the petitioner, as the case may be, for the amount of such cost and (D) if he fails to return the answer form or fails to appear for a scheduled genetic test without good cause, a default judgment shall be entered.” Conn. Gen. Stats. § 46b-160(e)(2) (2008).
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STATUTES:
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· Conn. Gen. Stat. (2008) § 45a-606. Father and mother joint guardians. § 46b-61. Orders re children where parents live separately § 46b-160. Petition by mother or expectant mother § 46b-166. Testimony of putative father § 46b-167. Evidence of putative father's good character admissible § 46b-168. Genetic tests when paternity is at issue. Assessment of costs. § 46b-172. Filing of claim for paternity by putative father. Child as party. Attorney General as party. Hearing. Three-judge court. § 46b-172a. Claim for paternity by putative father § 46b-215. Relatives obliged to furnish support. Attorney General and attorney for town as parties. Orders.
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COURT RULES
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· Connecticut Practice Book (2008). Chapter 25. Superior Court - Procedure in Family Matters § 25-68. Right to counsel in State initiated paternity actions
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CASES: |
U.S. Supreme Court· Stanley v. Illinois, 405 U.S. 645, 658, 92 S. Ct. 1208, 31 L.Ed. 2d 551 (1972). “The State of Illinois assumes custody of the children of married parents, divorced parents, and unmarried mothers only after a hearing and proof of neglect. The children of unmarried fathers, however, are declared dependent children without a hearing on parental fitness and without proof of neglect. Stanley’s claim in the state courts and here is that failure to afford him a hearing on his parental qualifications while extending it to other parents denied him equal protection of the laws. We have concluded that all Illinois parents are constitutionally entitled to a hearing on their fitness before their children are removed from their custody.” · Caban v. Mohammed, 441 U.S. 380, 99 S.Ct. 1760, 60 L.Ed. 2d 297 (1979).
· Quilloin v. Walcott, 434 U.S. 246, 98 S.Ct. 549, 54 Led.2d 511 (1978).
· Lehr v. Robertson, 463 U.S. 248, 266-267, 103 S,Ct. 2985, 77 L.Ed. 2d 614 (1983). “the existence or nonexistence of a substantial relationship between parent and child is a relevant criterion in evaluating both the rights of the parent and the best interests of the child . . . . We therefore found that a Georgia statute that always required a mother’s consent to the adoption of a child born out of wedlock, but required the father’s consent only if he had legitimated the child, did not violate the Equal Protection Clause . . . . We have held that these statutes may not constitutionally be applied in that class of cases where the mother and father are in fact similarly situated with regard to their relationship with the child.” Connecticut· Ashe v. Nixson, No. FA 05-4010683S (Conn. Super. Ct., J.D. New Haven at New Haven, Jun. 24, 2005). “Paternity actions by those claiming to be a child's biological father are brought to the Probate Court. See General Statutes § 46b-172a. Sections 46b-56(b) and 46b-59 of the General Statutes, however, allow actions for visitation to be brought in the Superior Court. Under the recent case of Roth v. Weston, 259 Conn. 202 (2002), the Superior Court has limited power to grant visitation to non-parents against the wishes of the custodial parent. But Mr. Ashe claims to be the biological father of the minor child with whom he seeks visitation. If he proves that allegation by the requisite standard of proof, he has a right to seek visitation with the minor child, and any orders regarding visitation will be guided by the best interest of the minor child.” · Weidenbacher v. Duclos, 234 Conn. 51, 661 A.2d 988 (1995). See Table 3 · Chaffee v. Cunningham, 4 C.S.C.R. 321at 321 (Judicial District, Hartford-New Britain at New Britain 1989). “This court feels that similar to an action for dissolution of marriage, the defendant could file an answer and a cross-complaint setting forth his claims as to whether or not he is merely seeking visitation orders, custody orders and support orders in the paternity action.” · Stevens v. Leone, 35 Conn. Supp. 237, 239-240, 406 A.2d 402 (1979). "It seems obvious from the remarks of the chairman of the house judiciary committee at the time that the amendment was introducted that it was the intent of the legislature to expand the jurisdiction of the Superior Court regarding custody issues from controversies arising out of a dissolution of marriage to controversies in which a child had been born without benefit of marriage."
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DIGESTS: |
· ALR Index: Legitimacy of children · ALR Digest: Children Out-of-Wedlock · Connecticut Family Law Citations: Paternity
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WEST KEY NUMBER:
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· Children out-of-wedlock # 20 Custody # 21-23 Support # 30-79 Paternity proceedings
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ENCYCLOPEDIAS: |
· 41 Am Jur 2d Illegitimate Children (2005) § 92. Duty of putative father § 100. Rights of father § 101. — visitation
· 14 C.J.S. Children Out-Of-Wedlock (1991). § 38. Change of custody between parent. Father § 39. _____. Visitation § 42. Support, maintenance, and education. Father
· Robin Cheryl Miller, Annotation, Right Of Putative Father To Visitation With Child Born Out Of Wedlock, 58 ALR5th 669 (1998). · · Alan Stephens, Parental Rights Of Man Who Is Not Biological Or Adoptive Father Of Child But Was Husband Or Cohabitant Of Mother When Child Was Conceived Or Born, 84 ALR4th 655 (1991).
· David M. Holliday, Annotation, Paternity Proceedings: Right To Jury Trial, 51 ALR4th 565 (1987).
· Russell G. Donaldson, Annotation, Natural Parent’s Parental Rights As Affected By Consent To Child’s Adoption By Other Natural Parent, 37 ALR4th 724 (1985).
· Kristine Cordier Karnezis, Annotation, Right Of Indigent Defendant In Paternity Suit To Have Assistance Of Counsel At State Expense, 4 ALR4th 363 (1981).
· Gary D. Spivey, Annotation, Right Of Natural Parent To Withdraw Valid Consent To Adoption Of Child, 74 ALR3d 421(1976).
· Thomas J. Goger, Annotation, Rights Of Putative Fathers To Custody Of Illegitimate Child, 45 ALR3d 216 (1972). · |