a. What is the difference between legal paternity and biological paternity? Why was the distinction important in

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a. What is the difference between legal paternity and biological paternity? Why was the distinction important in Pettinato?

b. Assume that the paternity issue is not raised in the divorce case and that Susanne is granted custody of the son. Years later Gregory refuses to pay child support. He wants to introduce evidence of the genetic blood tests that prove he is not the father. Can he introduce this evidence?

c. In chapter 9 on child custody, we discussed at length the recent United States Supreme Court case of Troxel v. Granville, which said that a parent has a fundamental constitutional right to raise his or her child against the wishes of a grandparent or other nonparent. Was Susanne Pettinato’s fundamental constitutional right as a parent violated in Pettinato v. Pettinato? Phrased another way, is Pettinato v. Pettinato consistent with Troxel v. Granville?

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Null Family Law Cases And Materials

ISBN: 9781599415741

5th Edition

Authors: Judith Areen , Milton C Regan

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