Establishing Paternity Self-Quiz
Cassidy’s
parents were teenagers when he was conceived. In fact, they were high
school sweethearts. One month after high school graduation (six months
after Cassidy was born), they decided to get married. The marriage only
lasted a year before they went their separate ways. Cassidy would be considered:
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A father and
son live together. The mother abandoned the child when he was born. The
father and mother were never married. The son grew up as a social outcast
because his parents had never married. He blames this condition as an
out-of-wedlock child for the fact that he was unable to get a proper education.
Instead, he follows in his father’s footsteps to become a miner.
Upon finding his rich mother’s whereabouts, the son decided to sue
her based on a theory of tort in which the son was forced to enter into
a wrongful life because the mother never married the father. The court
would likely:
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Tanya was
recently admitted to the pediatric ward of a local hospital for eye surgery.
One morning a man entered her room, seemingly to escort her to a medical
test. Instead, he took her to a nearby conference room and raped her.
Nine months later (two months before her sixteenth birthday) Tanya gave
birth to a son. If the child (through a guardian ad litem) sues
the hospital for negligence, the court would likely:
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Mark was an
illegitimate child of King Preposterous, who ran his kingdom according
to the early common law. Under the common law, which rights would Mark
have?
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Basil, after
many rounds to court, has finally met the definition of being a legitimate
child in Arizona. Basil’s adoptive parents are moving to Illinois.
Basil’s parents fear the courts in Illinois will not recognize his
legitimate status. What is the best advice?
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When illegitimate
children bring their cause of action in court basing it on an Equal Protection
claim, what they are really arguing is:
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Chastity comes
into your office seeking professional assistance. Her half-siblings are
refusing to share her mother’s wrongful death action award of one
million dollars. They are telling Chastity that she was not their mother’s
child, as defined in the statute, because the statute only recognizes
children born in wedlock; Chastity was born out of wedlock. What would
you advise Chastity to do?
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Alexis, a
non-marital child, has not had paternity established by her father. When
compared to Andrea, a marital child whose parents have recently divorced,
Alexis has a more limited right to paternal support?
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Candy and
Ted were having marital problems when she discovered she was pregnant.
Unbeknownst to Ted, Candy had been having an affair with her boss, Stanley.
When the child was born, she let Ted believe he was the child’s
father and put his name on the birth certificate, even though she was
unsure who the child’s actual father was. When the child is three
years old, Stanley decides to challenge paternity. The likely outcome:
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Louise and
Simon are unmarried. Louise gets pregnant. Once her parents find out about
the pregnancy, they force Louise to marry their business partner, Marty.
Pursuant to the UPA, when the child is born there is a presumption that
Marty is the child’s father. Infuriated, Simon brings an action
to establish paternity. How can Simon successfully establish paternity?
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Seth is a
member of the United States Army and has been serving overseas for the
past six months. He has not come home in between and has only kept contact
with his wife, Stephanie, via e-mail and telephone. Three months after
Seth returns home Stephanie gives birth to a baby girl, Camille. Seth
insists on having his name listed on the birth certificate, provides all
essentials for the baby and tells everyone she is his daughter. Nevertheless,
Jake, the biological father wants to bring a paternity proceeding in court.
Who has the least standing to bring an action to determine parentage?
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Sharon and
Arnold are husband and wife. They have one child. Unbeknownst to Arnold,
the child is not his. Rather, Sharon’s ex-lover is the child’s
biological father. When that affair ended, Sharon and Arnold reconciled
and now wish to raise the child as their own, without interference from
the biological father. What advice would be useful?
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Edward suspected
that he might not be the father of his ex-girlfriend’s child. His
ex-girlfriend, Georgina, insisted that he was the father and obtained
a court order to force him to undergo a paternity test. In their state
of residence, the standard for the probability of paternity is 98%. The
results of the paternity test showed that Edward was excluded from being
the biological father. Is Edward liable for child support?
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