Scott and Heidi were married in 1990. Heidi gave birth to five children during their marriage. Scott

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Scott and Heidi were married in 1990. Heidi gave birth to five children during their marriage. Scott initiated divorce proceedings in October 2012. Custody and placement of Scott and Heidi's two youngest children - fiveyear-old A.R.R. and three-year-old W.R.R. - were contested. While the divorce was pending, Stuart filed the instant paternity action against Heidi and Scott on May 20, 2013, asserting he was A.R.R.'s biological father. The petition alleged that Heidi and Scott were married, but separated, at the time of A.R.R.'s conception. The petition also asserted that Heidi, Scott, and Stuart had "always known" Stuart was A.R.R.'s biological father, that A.R.R. also knew, and that Stuart had "maintained a father/daughter relationship with [A.R.R.] since she was born[.]" Finally, the petition alleged that Stuart, Heidi, and A.R.R. underwent genetic testing on April 29, 2013, and the results showed a \(99.9999996 \%\) probability Stuart was A.R.R.'s biological father. Scott...testified he attended prenatal medical appointments with Heidi and helped her prepare their home for the new baby. He asserted he did not receive any money from Stuart during Heidi's pregnancy. A.R.R. was born in the car on the way to the hospital, while Scott was driving. Stuart was not present for the birth. After a short hospital stay, Scott and Heidi took A.R.R. home and introduced her to their other children. Stuart was not with them when they took A.R.R. home for the first time. Scott testified he supported A.R.R. during her infancy, providing her with food, clothing, and shelter. He further testified he changed "almost every single diaper" and fed A.R.R. bottles when she was not breastfeeding. According to Scott, Stuart did not have any type of relationship with A.R.R. during her infancy and did not contribute any money for her care. Scott testified his youngest child with Heidi-W.R.R. — was born when A.R.R. was about eighteen months old. Scott stated he developed close relationships with both girls, and they both referred to him as "daddy." He also testified that, because he worked from home, he was able to care for A.R.R. and W.R.R. "at all times and hours[.]". Scott testified Heidi began taking A.R.R. to Stuart's farm when A.R.R. was about two years old. Around that time, Scott also began hearing rumors that Stuart was A.R.R.'s father. However, when he confronted Heidi about the rumors, she denied them.....

Questions:

1. Why did the trial court dismiss Stuart's paternity case?
2. Why did Stuart argue that the court was in error in dismissing his complaint?
3. Why did the appeals court uphold the dismissal?
4. What role did consideration of A.R.R.'s best interest play in the court's decision?

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Family Law For Paralegals

ISBN: 9780735563827

7th Edition

Authors: J. Shoshanna Ehrlich

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