Is a child considered to be illegitimate if the marriage is annulled?

Here’s a great article by Todd Spodek, a top rated NYC divorce lawyer.

A common concern among parents facing a marriage annulment is the status of any children born of the marriage. After all, an annulment legally wipes away the marriage as if it never happened. Both annulment and divorce are legal processes for ending a marriage, although an annulment means the court is saying the marriage shouldn’t have occurred and never legally existed.

Annulment has many legal effects, but it becomes more complicated when there are children involved. Even when the marriage is annulled, the court system can still deal with issues like child support, spousal support, custody, child visitation, and property division. It’s important to understand that the legitimacy of children is determined by state law. Just as a divorce does not make children of a marriage illegitimate, neither will an annulment.

Understanding Legitimacy
Legitimacy is the status of children born to parents who were legally married to each other at the time of the child’s birth or a child conceived before the parents obtained a legal divorce. Legitimate children may have different rights than illegitimate children, depending on state law.

While illegitimate children historically had no right to inherit from their parents’ estates, many states have since given illegitimate children many of the rights granted to legitimate children. All U.S. states grant illegitimate children the right to inherit from the mother, although paternal inheritance is inconsistent. In most states, an illegitimate child is not automatically considered a legal child of the father, although evidence can be presented for paternity. In many states, paternity must be established while the father is alive to have the right to inherit from the father’s estate. Some states do allow DNA testing for proof of paternity even after the father’s death.

Legitimacy can also impact private and public benefits for a child. This may include Social Security and other federal, state, and private benefits if there is no proof of paternity.

Annulment and the Legitimacy of Children
An annulment typically does not impact the legitimacy of any children born of the union. While annulment effectively means the marriage never occurred, it does not retroactively affect a child’s legitimacy status. At the time of the child’s birth, they were born of a legal marriage under civil law. This means the child was born legitimate and this status will not change when the marriage is annulled.

Legitimacy and the Catholic Church
The issue of legitimacy and marriage annulment often comes up within the Catholic community as the Catholic Church requires any previous marriages to be annulled for a future marriage to be valid within the Church. The Catholic Church has made it official policy that children born of marriages later annulled are both civilly and canonically legitimate. This is because the child, at the time of birth, was born of a legal civil marriage and a putative marriage in canon law, which means both parties in the marriage believed in good faith that the marriage was valid. If a marriage is later found to be invalid and annulled, the status of the children is unchanged and they remain legitimate.

Will a Red Light Camera Ticket Affect My Driving Record?

When you came home from work the other day, you were excited to check out your new magazines. However, instead of seeing that glossy cover with all of the intriguing pictures, you were greeted by a red light camera ticket. Now, you are wondering if this ticket is going to have an effect on your driving record.

Points on Your License
If you are asking whether or not the red light camera ticket will affect your driving record, you probably want to know if you are going to get points on your license. Generally, no, you are not going to receive points on your license in the event that you have a red light ticket come to your house. You should remember though that if you are caught running a red light by a police officer, then you are likely to receive points on your license. After you have a certain number of points on your license, it can be suspended.

The State You Received the Ticket in
Whether or not the red light camera ticket is going to affect your driving record depends upon the state where you received the ticket. All states have their own regulations when it comes to these types of tickets, and you should be aware of what the law is where you live. However, you should also know what the law is when you travel. Let’s say that you received the ticket in Florida, but you actually live in New York. You will need to abide by the rules of the state where the violation occurred.

How Long You Take to Pay the Ticket
When the ticket arrives in the mail, you are going to have a certain date listed on which you must pay it by. Failure to pay the ticket by this date could result in a late fee. You can also choose to plead not guilty and see what decision is reached by the court. Keep in mind, if you choose to pay the ticket late, not only might you have to pay more money, but your driving record could also be affected by this problem.

Speak to the DMV and the Court
If you receive a red light camera ticket, you might have some questions or some specific concerns that pertain to your situation. Call the court that is associated with the area where you received the ticket. This might involve a little bit of research online, but some contact information should be provided on the ticket itself. On top of that, you can also call the Department of Motor Vehicles to find out about resources in the community, or on the internet, that relate to the laws of the area where you received the ticket.

Seeing that ticket sitting out on your dining room table each day may not make you feel too great. However, you can take some solace in the fact that a red light ticket is highly unlikely to have any effect on your driving record.