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The author begins Chapter 16 by stating, “This chapter examines the legal relati
The author begins Chapter 16 by stating, “This chapter examines the legal relationships of parents and children when children are born outside of marriage or when parentage is unclear or disputed. Because this is a rapidly changing area of the law, this chapter explores the past, present, and possible future of the law of parentage.”
For this discussion board, I would like to discuss a present law and issue and a future law and issue.
The present law that I would like you to discuss is the presumption of the father and adjudication of parentage claim in Texas.
For this discussion review the following:
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.160.htm
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.160.htm
(case pdf atttatched)
After you have read the statutes and the case, address the following:
What is was your opinion of the four year statute of limitation on challenging parentage after the presumption of the father has been established.
Do you think it is fair for a father to continue to support a child that he finds out is not his if misses the limitation period? Explain your answer.
Do you think it is fair for a mother to share custody of her child with a father she finds is not biologically his? Explain your answer.
What does the court hold in this case?
What is your opinion of their decision?
Provide a substantive summary of some positives and negatives of these statutes on parents and children.
What does the appellate court say about the trial court’s discretion in determining law?
What burden of proof did Rebekah have to meet to satisfy the exception to the four-year limitation?
What did the appellate court say about her meeting this burden?
Finally, what was your overall opinion of this case and ruling?
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