Define: Bastardy Proceeding

Bastardy Proceeding
Bastardy Proceeding
Quick Summary of Bastardy Proceeding

A bastardy proceeding, also known as a paternity suit or parentage action, is a court case initiated by the mother to establish the father of a child who was born out of wedlock. The purpose of this case is to obtain child support from the father.

Full Definition Of Bastardy Proceeding

A paternity suit, also known as a bastardy proceeding, is a legal procedure used to determine the father of a child, particularly if the child was born out of wedlock. Typically, the mother initiates this process in order to secure child support from the father. For instance, when Sarah gave birth to a baby girl, she filed a paternity suit against her ex-boyfriend to establish his fatherhood and obtain financial support for the child. On the other hand, John was uncertain about being the father of his ex-girlfriend’s child, so she initiated a bastardy proceeding to establish paternity and secure child support. These examples demonstrate how a mother can commence a legal process to establish the father of her child and acquire financial assistance for the child’s upbringing.

Bastardy Proceeding FAQ'S

A bastardy proceeding is a legal process initiated to establish the paternity of a child born out of wedlock and to determine the father’s legal obligations towards the child.

Typically, the mother of the child or the state government can initiate a bastardy proceeding to establish paternity and seek financial support from the alleged father.

The purpose of a bastardy proceeding is to legally establish the paternity of a child and ensure that the father takes financial responsibility for the child’s upbringing and support.

If the alleged father denies paternity, the court may order a DNA test to determine the biological relationship between the alleged father and the child.

In most jurisdictions, a bastardy proceeding can be initiated even after the child reaches adulthood. However, it is advisable to consult with an attorney to understand the specific laws and limitations in your jurisdiction.

The potential outcomes of a bastardy proceeding include establishing paternity, determining child support obligations, and potentially granting visitation or custody rights to the father.

If paternity is established in a bastardy proceeding, the court can order the father to pay child support based on various factors such as income, expenses, and the child’s needs.

In a bastardy proceeding, visitation rights are typically determined based on the best interests of the child. If it is determined that visitation with the father is not in the child’s best interests, the court may deny or restrict visitation rights.

Failure to comply with a court-ordered child support obligation can result in various consequences, including fines, wage garnishment, suspension of driver’s license, or even imprisonment in some cases.

Yes, a father can contest a bastardy proceeding if he believes he is not the biological father. However, it is crucial to consult with an attorney and provide evidence to support the claim, such as DNA test results or other relevant evidence.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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