Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, October 6, 2018

Canada's 'Use-It-Or-Lose-It' Parental Leave Comes Three Months Early

From iPolitics:

Soon-to-be-parents will be able to access extra weeks of leave three months earlier than expected.

This year’s federal budget announced additional weeks of “use-it-or-lose-it” leave for non-birthing parents.

The federal government initially set June 2019 as the start date — but now the Liberals say parents can become eligible for the extra weeks in mid-March.

Only parents whose children are born or adopted after March 17 will be able to take advantage of the additional weeks.

Read more here.

October 6, 2018 in Current Affairs, International, Paternity | Permalink | Comments (0)

Sunday, August 26, 2018

Mandatory Paternity Leave for Hongkongers A Mistake

From South China Morning Post:

A pro-establishment lawmaker representing catering sector employers continued to oppose a Hong Kong government proposal to increase statutory paternity leave from three days to five, claiming the benefit itself should not even exist, as demands for more would be “never-ending”.

Tommy Cheung Yu-yan, an executive councillor and chairman of the business-friendly Liberal Party, said on Thursday that the granting of paternity leave should be left to the employer’s discretion rather than being a statutory right, as the city had a “severe shortage of workers”.

“Every year, it’s like this. When the government proposes to add two days, labour unions and lawmakers demand more meat on the bone,” he said on a radio programme. “Some will want seven days, others will call for 10.”

Read more here.

August 26, 2018 in International, Paternity | Permalink | Comments (0)

Sunday, August 5, 2018

Supreme Court Decision Gives Local Dads New Hope on Fighting for Paternal Rights

From WPTV (West Palm Beach):

Local fathers have been fighting a Florida law for years, and now they have the Supreme Court on their side.

A judge decided a Florida law can no longer keep biological fathers from trying to establish paternal rights in cases where the child was born to a mother married to another man. 

Christopher Farrell got to hold his son once months after he was born.

"It gets emotional; it hurts at times trying to think how far he’s progressing, what's his speech like? Is he saying different words? What's his favorite animal?" said Farrell.

Three years ago, he found out his then-girlfriend was pregnant, and he put together a nursery at his Loxahatchee home for his soon to be son. During her pregnancy, Farrell said she got back with her husband and cut off all ties with him. 

Read more here.

August 5, 2018 in Current Affairs, Paternity | Permalink | Comments (0)

Friday, July 13, 2018

Countries That Guarantee Paid Paternity Leave

 

From NPR:

What do China, India, South Sudan and the United States have in common?

They are among the 92 countries where there is no national policy that allow dads to take paid time off work to care for their newborns.

According to a data analysis released on Thursday by UNICEF, the U.N. children's agency, almost two-thirds of the world's children under age 1 — nearly 90 million — live in countries where dads are not entitled by law to take paid paternity leave. In these countries, this policy is typically decided by employers.

The data, mapped in an interactive chart produced by World Policy Analysis Center at UCLA's Fielding School of Public Health, allows users to scroll over a country to see its policy on paid paternity leave: no paid leave, less than three weeks (for most countries, that means one week or less), three to 13 weeks or 14 weeks or more. Users can also compare this data with paid maternity leave around the world. According to the center, 185 countries guarantee paid leave for mothers, with at least 14 weeks of leave in 106 countries.

Read more here.

 
 

July 13, 2018 in Current Affairs, International, Paternity, Termination of Parental Rights | Permalink | Comments (0)

Saturday, May 26, 2018

Fifth Third Bank Offers Paternity Leave

From Fox 17 Morning News:

Giving fathers paid time off after the birth of a child is becoming more common but, while it comes with great benefits for the family, some dads may hesitate to take advantage of it.

A big concern for some new parents is how much time do you take away from work, whether it's due to pay issues, or because of what a particular job requires.

In Grand Rapids, Fifth Third Bank is now offering employees paternity leave of a month off, fully-paid.

Read more here.

May 26, 2018 in Paternity | Permalink | Comments (0)

Wednesday, February 21, 2018

Legal Father Can't Set Aside Paternity

From The Indiana Lawyer:

A legal father seeking to set aside paternity of his two non-biological children has lost his appeal to the Indiana Court of Appeals, which found the father failed to meet the legal requirements for paternity rescission.

After E.S.F. gave birth to B.M., B.S.M. signed a paternity affidavit for the child knowing he was not the biological father. He signed the same affidavit for O.M., though he suspected he also might not have been his biological father, either.  

Several years after the children were born, E.S.F. filed petitions to establish support of B.M. and O.M. based on the paternity affidavits. The Marion Circuit Court entered judgments of paternity and support, which B.S.M. moved to set aside under Indiana Trial Rule 60(B). He also moved for genetic testing of the children.

Read more here.

February 21, 2018 in Paternity | Permalink | Comments (0)

Thursday, May 26, 2016

2 year statute of limitations applies to set aside a paternity and child support order, even if fraud exists.

2 Year Statute of Limitations Still Applies in Fraudulent Paternity Suit

From Missouri Divorce and Family Law:

Mother and Father (T.B.) had a baby in 2000.  Mother told T.B. he was the father, and he signed an affidavit acknowledging paternity.  The Family Support Division made an administrative determination that T.B. was the legal father, and ordered T.B. to pay child support for the child in February 2001.

Sometime prior to June 2010, to clear her conscience, Mother told T.B. that he was not the biological father.  Father filed a declaration of non-paternity on August 27, 2012.  He attached a DNA test report showing he was not the biological father of the child.  T.B. sought relief under Rule 74.06(d), asserting that Mother had perpetuated fraud against him by making false statements to him that he was the biological father when she knew he wasn’t.

The trial court concluded that T.B.’s right to bring an action for extrinsic fraud was foreclosed by the statutory time limit for him to contest paternity, which had run.

T.B. appealed.

Read more here.

May 26, 2016 in Child Support Enforcement, Paternity | Permalink | Comments (0)

Tuesday, May 24, 2016

New Poll Shows Strong Support for Paid Family Leave Programs

People say "Yes!" to Family Leave Programs

From ABC News:

Time off from work to care for a child or relative is codified in federal law. Now, an overwhelming majority of Americans 40 and older want that time away from the job to be paid.

An Associated Press-NORC Center for Public Affairs Research poll released Friday said 72 percent support paid family leave. Democrats were more likely to back it, but Republicans also expressed strong support. Overall, support was stronger among people age 40-64 and among women.

At least 19 states are considering paid family leave laws, but only three have active programs. New York, the latest to approve it, will launch its program in 2018.

"There is a lot of interest and a lot of momentum," said Ellen Bravo, executive director of Family Values @ Work, an advocacy group. "We hope that over the next five years a critical mass of states will win these policies."

Read more here.

May 24, 2016 in Paternity | Permalink | Comments (0)

Sunday, April 17, 2016

Could Paid Parental Leave Happen in Indianapolis?

From Fox 59:

Paid parental leave is a growing trend across the country. New York, New Jersey, Rhode Island and California all have laws requiring paid leave for new parents.

On Tuesday, San Francisco became the first city in the nation to require employers to give six weeks paid parental leave, but could it happen in Indianapolis?

Lawmakers say it’s a great idea, but are unclear at this point if it can become a reality in Indianapolis.

Councilman Jeff Miller says any discussion on paid parental needs to be well thought out and local businesses need to be included in the conversation.

“It would take a lot of research on our part. You know it’s very early to say what would or wouldn’t work in Indianapolis, but what I do like is we have examples being put out there that we can look at, monitor,” said Councilman Miller.

In Indiana, parents can take up to 12 weeks off a year through the Family Medical Leave Act, but it's unpaid.

Parents say this could be big for all Hoosier families if it becomes a reality.

Read more here.

April 17, 2016 in Paternity | Permalink | Comments (0)

Saturday, January 16, 2016

Paternity Leave: How Britain Compares With the Rest of the World

From The Telegraph:

A new incentive was launched in Sweden this week encouraging fathers to take three months paid paternity leave. Like several European countries, Sweden has a ‘daddy quota’ of paid time off that’s allocated to couples as a unit, but only allowed to be taken by the father and therefore lost if he chooses not to take it. The new 30-day extension, which came into force on January 1, follows a successful increase to two months in 2002.

It's a policy designed to ensure men take more of the childcare burden, and the latest change is expected to be embraced by fathers in Sweden, which was the first to introduce gender-indifferent parental leave in 1974. Already, men there take an average of three months off work to look after their newborns; in Britain less than 10% exceed the statutory two weeks, often citing a fear of falling behind in the rat race.

Currently UK fathers are eligible to take one or two weeks paid leaveany time within 56 days of the birth. As a result of changes championed by Nick Clegg in 2014, there is also an option of taking between two and 26 additional weeks off, with each extra week subtracted from your partner's remaining allocation.

The Scandinavian stances on parental leave – as with so many other social policies – may make the UK's seem staid and imbalanced, then, but how do our rights compare with fathers around the world?

 

Read more here.

January 16, 2016 in Paternity | Permalink | Comments (0)

Sunday, January 3, 2016

"Super Dads" are Challenging Gender Roles in South Korea

From Business Insider:

Chung Sang-hoon, 34, has taken a year off of his intensive sales job to stay at home with his children.

Taking paternity leave was previously unheard of in South Korea. Now, a small group of "superdads" are joining a growing, government-encouraged movement.

"The reason I took childcare leave is I want to be different from my father's generation," Sang-hoon said. "Everything is definitely worth it, from preparing breakfast to doing the dishes. I can live for the sake of values I find important."

His wife, Jeon Jeong-mi, said her husband taking paternity leave has been a huge help to her career.

"I can work without feeling pressure," she told Reuters. "I don't have to worry about home. And I do not have to go home early. Also, I do not need to feel sorry for my kids whenever I go to work in the morning."

These "superdads" are challenging gender roles in South Korea, where men are expected to work long hours and be minimally involved with raising kids.

The country's rigid gender expectations have led South Korean women to believe they're being punished in the workplace because they may have to take time off to care for their kids down the road, per Reuters.

As a result, South Korea has the lowest birth rate of wealthy nations, which is why South Korean President Park Geun-hye has made increasing the number of men who take paternity leave a priority — both to address the low birth rate and to give women's careers a boost.

Read more here.

January 3, 2016 in Paternity | Permalink | Comments (0)

Monday, December 21, 2015

Men More Likely To Take Paternity Leave for Son, Research Says

From NBC News:

Facebook CEO Mark Zuckerberg announced recently that he would be taking two months off when his daughter is born. We don't know when his wife, Priscilla Chan, is due, but the announcement prompted an immediate discussion of paternity leave and parental benefits.

It turns out Zuckerberg isn't the type of Californian who normally takes paternity leave. Newly published research suggests that men are more likely to take time off when they're having a boy than a girl. They are also more likely to take time off when they work in female-dominated occupations (which tech is most certainly not).

California is one of only three states that has legislation providing paid family leave for all full-time employees. In fact, the U.S. is the only industrialized nation that doesn't have a national paid family leave policy.

A team of professors from Columbia University, the University of California-Santa Barbara and the University of Virginia used data from the Census Bureau's American Community Survey to study the effects of California's Paid Family Leave program (CA-PFL) on parents' decision to take time off when their children are born. The law was passed in 2002 and took effect in 2004.

The data show that men were 46 percent more likely to take paid parental leave in the first year of their child's life when CA-PFL was made available. That's a big relative gain, but in absolute terms there is a long way to go — the law boosted paternity leave to 2.9 percent from 2.0 percent.

Read more here.

 

December 21, 2015 in Paternity | Permalink | Comments (0)

Sunday, November 15, 2015

Amazon Increases Parental Leave, Offers Paid Paternity Leave for First Time

From PBS NewsHour:

Amazon announced to its employees today that it has increased the amount of leave time it is giving to new parents, joining a host of other tech companies that are extending benefits in order to attract top talent.

Amazon’s policy change comes after a blistering New York Times investigation in which the company was lambasted for fostering a harsh work culture. The article included examples of women who felt they were penalized for trying to spend time caring for children or relatives. It’s a portrayal the company disputes.

Under the policy, all new parents, including those who are adopting a child, will get six weeks of paid leave. This means that birth mothers, who already had 10 weeks of leave, will now have 16 weeks of leave time, or 20 if they qualify for an additional four weeks of medical leave. New fathers, who previously did not have paid leave time, will now be able to take paid time off.

Additionally, Amazon is introducing a “leave share program” where employees can give some of their leave to a partner at another company. Under this program if the partner does not have paid parental leave, the Amazon employee returns to work, and the partner will be paid by Amazon to stay home. Returning to work, primary caregivers will have the option of working part-time for their first eight weeks back.

Amazon’s changes also come in the wake of Netflix's highly publicized policy of giving new parents unlimited time off during the first year after their child’s birth or adoption. Other tech companies such as Facebook, Apple, Google and Yahoo all offer maternity leave of at least 16 weeks for birth mothers, and at least six weeks paternity leave for fathers and non-biological parents.

Read more here.

November 15, 2015 in Paternity | Permalink | Comments (0)

Sunday, October 25, 2015

U.S. Navy Considering Extending Paternity Leave

From Medina County Gazette:

The Navy’s top officer said Tuesday the service is considering extending paternity leave for new fathers.

The Navy currently awards married fathers up to 10 days of paid leave upon the birth of a child. In July, the Navy tripled paid maternity leave for female sailors and Marines to 18 weeks.

A female sailor asked Navy Adm. John Richardson during a meeting with hundreds of service members at a Pearl Harbor pier whether the Navy might increase paternity leave as well.

Richardson said it was something officials in Washington were now discussing.

Richardson and Master Chief Petty Officer of the Navy Mike Stevens called about 10 sailors who became new fathers within the past year to the front of the pier and asked them how much paternity leave the Navy should offer.

The group quickly discussed the issue, and then replied their consensus was that the Navy should give 30 days of paternity leave.

Richardson said he’ll take that opinion back to Washington.

Read more here.

October 25, 2015 in Paternity | Permalink | Comments (0)

Sunday, September 13, 2015

Where Do Fathers Receive the Most Paternity Leave?

From Forbes:

70 countries around the world now provide paid paternity leave for fathers. The length of time offered and the average payment level differ drastically between countries, according to the World Economic Forum, based on an OECD report. Even though South Korea and Japan offer dads the most paid time off work, very few men avail of it due to cultural perceptions that raising a child is primarily the mother’s task.

While fewer than 2 percent of fathers in Japan and South Korea take paternity leave, 89 percent of dads take time off in Sweden. In countries where the paternal leave on offer is relatively short and well paid, more fathers tend to take the opportunity to use it.

Read more here.

September 13, 2015 in Paternity | Permalink | Comments (0)

Friday, July 31, 2015

Paternity Leave for Single Military Fathers?

From Military Times:

Possible paternity leave for single sailor fathers is on the radar, according to a Navy spokeswoman.

Married service members are allowed 10 days of paternity leave that is not against their other leave under a 2008 law that stresses the word “married.”

Navy spokeswoman Lt. Jessica Crownover said requests for paternity leave from single service members have come in.

As such, “part of the Sailor 2025 initiative is to evaluate this law and consider how changes will improve work-life balance,” Crownover said.

Army, Air Force and Marine Corps officials say the idea is not being discussed within their services, although the Marine Corps does allow single Marine father to request paternity leave under limited circumstances.

For example, when appropriate medical facilities are not available for delivery of a child, the male Marine may be authorized paternity leave to accompany his spouse before and immediately following delivery. That particular authorization may be extended to unmarried male Marines in circumstances such as — but not limited to — when the unmarried male Marine has sole custody of the baby.

Read more here.

July 31, 2015 in Paternity | Permalink | Comments (0)

Friday, June 26, 2015

New Georgia Law Permits DNA Testing for Child Support

From Florida Times-Union:

Under a new law, the Department of Human Services will now be able to conduct DNA tests for all child support cases in which paternity is unresolved.

DHS met on Wednesday in Atlanta to discuss changing its internal rules to fit HB568 that will go into effect July 1.

Under the new law, any man that is proven not to be the biological father will not have to pay child support. The bill was intended to end wrongful paternity claims prior to legal action.

Read more here.

June 26, 2015 in Child Support (establishing), Paternity | Permalink | Comments (0)

Wednesday, November 2, 2011

Family Law Faces Bieber

From Foxnews.com on the reported suit to establish (minor) Justin Bieber's paternity:

Teen idol Justin Bieber allegedly lost his virginity – and impregnated a young woman – during a 30-second tryst after a concert in Los Angeles late last year, according to a paternity suit filed Monday.

RadarOnline.com reports that Mariah Yeater, 20, filed court papers on October 31 stating that Bieber is the father of her three-month-old child.

Yeater could also be opening her up to a potential statutory-rape probe, however, as Bieber would have been 16 when the alleged incident occurred. 

California’s age of consent is 18.

Bieber's rep strongly denies the charges, telling RadarOnline.com: "While we haven't yet seen the lawsuit, it's sad that someone would fabricate malicious, defamatory, and demonstrably false claims. We will vigorously pursue all available legal remedies to defend and protect Justin against these allegations."

Regarding the statutory rape possibiilty, Steve Cron, a California defense lawyer, told the New York Post: “Under a normal situation, no harm, no foul ... I would think [prosecutors] might let it go. But under these circumstances, the DA’s office has to show they’re not treating women differently, not treating a celebrity differently, [and] they might have to do something.”

A hearing on the matter is scheduled for December 15.

Read the full article here.

AC

November 2, 2011 in Paternity | Permalink | Comments (2) | TrackBack (0)

Thursday, April 21, 2011

$50 Million New York Case Challenging Paternity Presumption

The New York Times ran a story last weekend about a great filiation case - worth $50 million - working its way through that New York Court system that challenges the old presumption that the husband of the mother is the father of a child born during the marriage.  A good read during exam season!  Read the  piece here.

AC

April 21, 2011 in Paternity | Permalink | Comments (1) | TrackBack (0)

Thursday, March 10, 2011

Family Law Firm, Just for Male Clients