Koios
Recreational Kibitzer
- Nov 12, 2012
- 2,841
- 117
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True enough but state sanctioned marriage has not always protected the children. In my opinion when you make babies(man or woman) you make a separate contract with the children and that is where I do support child protection laws but that is apart from the union of marriage. They kick in even where marriage is not a factor and that is quite often these days with so many children being born out of wedlock.
It's difficult to usurp parental rights, and of course, not all help is a 100% solution. It's just help, such as Child Support Enforcement, working across state lines, often.
So indeed a substantial effort is made, even if all problems are not entirely mitigated.
But the needs of the children are legally separate from the state sanctioned marriage as proven over and over in family courts dealing with unwed parents. I believe the only time state sanctioned marriage interjects is in the determination of parentage of the children born within the framework of a marriage; they are presumed to be the husband's offspring. The use of DNA testing has likely made this less of an issue however.
They're connected and separate from marriage contracts:
Part of the divorce settlement, when children are involved, is a "Parenting Plan." Ergo, connected.
But we also have Paternity Law, where parents vis a vis gamete-contribution, have responsibility to the resulting offspring. Ergo separate from marriage contracts.