Explain what it means to "disestablish" parentage and why disestablishment actions have become more common in recent years. Disestablishment actions have not been permitted in all states because of their potentially devastating consequences for children, parents, and marriages. Courts are divided in their approaches to disestablishment. Identify and discuss the three approaches most often taken
What interests are being balanced in disestablishment cases? Which approach do you support and why?
What will be an ideal response?
The law with respect to disestablishment actions continues to evolve. When they are permitted, there is considerable variation state-to-state in terms of when they may be brought and by whom, whether genetic testing must be conducted prior to or as part of the petition to set aside paternity, and whether or not restitution of past child support payments will be granted. A natural consequence of the availability of DNA testing is that some putative fathers learn with scientific certainty that they are not the biological fathers of children they have been raising and supporting in good faith as their own. In many instances, they have mistakenly formally acknowledged paternity or been adjudicated fathers by the court. Although paternity judgments are binding and not easily challenged, an increasing number of states have determined by statute or case law that, in the interest of fairness, a father faced with such circumstances should be permitted to seek an order vacating an earlier paternity judgment, in effect disestablishing an existing father-child relationship.
Several states, such as Alaska, Georgia, Maryland, and Ohio, have established statutory procedures by which an otherwise legally recognized father can disestablish paternity. Based on the potentially devastating effect of disestablishment on the child, legislatures and courts in some other states have taken a more cautious approach and have expressly not permitted petitions to disestablish paternity. The child, rather than the nonbiological father, is viewed as the victim. Courts in still other states weigh the relative benefits of knowledge of the truth against disruption in the child's life. Factors these courts consider include:
a) the nature and stability of the present home environment
b) whether or not there is an existing relationship with a nonbiological father figure
c) the desire and willingness of the biological father to assume parenting responsibilities
d) whether the child already has established a bond with the biological parent
e) the motive of the party bringing the paternity or disestablishment action
f) the age of the child
g) whether or not the child is uncertain of his or her parentage
h) the child's physical and emotional needs
i) whether or not there exists a compelling medical need to establish the father's identity
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Peter, Paul, and Mary own Blackacre as joint tenants with the right of survivorship. Peter is married, but has no children. Paul is single and Mary is divorced with three living children. Mary dies in a car accident. Explain the rights of Peter, Paul, and Mary's three children, including the disposition of Mary's interest in Blackacre
What will be an ideal response?
Joint tenancy with right of survivorship means that the joint tenant may not transfer ownership to someone else.
a. true b. false
Considerationsthat go beyond the factsand merits of the case,but still havea real impact on the decisiontosettle,are known as ________.
Fill in the blank(s) with the appropriate word(s).
In a summary jury trial, all of the following are true except
A. the parties decide in advance if the decision is binding. B. the parties can use the jury’s advice to aid in settlement negotiations. C. the attorneys are not required to follow the rules of evidence and procedure followed in a court trial. D. None of these choices.