please answer attached bellow and the second question need two replies its a discussion, i will send you the replies and you just replies them in very brief.——————————————————–Intro to Chapter 2Chapter 2 of our Textbook addresses Minors as well as Parent and Child Relationship. Please note that in this course the emphasis is on Parentage and Paternity. Please pay close attention to that section as well as Termination of Parental Rights. More children are being born outside of marriage and this is an important avenue to ensure the parent and child relationship can be maintained when a non marital relationship fails.Traditionally this focuses on paternity, determining the father of the child through DNA testing, but California has embraced same-sex relationships. Same-sex parenting situations involving unmarried parents would also need to establish parentage. They would need to prove the couple intended that the person be the child’s parent, and that they behaved that way.CALIFORNIA FAMILY LAW FOR
PARALEGALS, 7TH ED.
Chapter Two
Parents and Children
A. INTRODUCTION
As mentioned earlier, with the advent of the Family Code
in 1994 came a restructuring of the many various code
sections dealing with the area of family law.
 In the course of this reorganization, the new Family Code
was divided into multiple Divisions.
 Four of those Divisions are discussed in this and the
following chapters: Division 11, “Minors” (sections 6500 to
7143), Division 12, “Parent and Child Relationship”
(sections 7500 to 7962), Division 8, “Custody of Children”
(sections 3000 to 3465), and Division 13, “Adoption”
(sections 8500 to 9340).

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B. MINORS
An adult is anyone who is 18 years or older, and a minor is
anyone who is under 18 years of age.
 The State of California, in its position of parens patriae,
bears a continuing interest in the welfare of minor
children within its borders.
 Under the so-called “birthday rule, a person obtains a
certain age on the first minute of his or her birthday.”
 Furthermore, the California Supreme Court recently held
that “absent an expression of contrary legislative intent,
[this rule] generally applies to all statutory calculations of
age.”

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B. 1. CIVIL LIABILITY EXPOSURE
In the context of civil actions, a minor can prosecute a civil
action to enforce her rights, the only proviso being that
the action must be maintained by the minor’s parent or
adult guardian.
 A minor is also capable of being held civilly liable for a
wrong she committed (for example, a tort such as
vandalism), but she will only be liable for punitive
damages if, at the time she engaged in the act, she knew
(or was capable of knowing) that her action was wrong.
 Not only can parents be held liable for the torts
committed by their children, but the children themselves
can be held liable too.

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B. 1. CIVIL LIABILITY EXPOSURE
Generally speaking, before parents may be held
responsible for damages caused by one of their children,
“it must be shown that the parents as reasonable persons
previously became aware of habits or tendencies of the
infant which made it likely that the child would misbehave
so that they should have restrained him in apposite
conduct and actions.”
 That is, “the evidence must show that they had a duty as
reasonable persons to restrain the child from the use of
the implements in question.”

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B. 1. CIVIL LIABILITY EXPOSURE
Mere parenthood alone will not make the parent liable for
torts committed by their children, even while in the
parent’s control and custody.
 Of course, the conduct of the parent in the totality of the
circumstances will be reviewed by the trier of fact and, if
that conduct is found to be negligent, then the parent
himself will face potential liability for his own actions.

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B. 2. CONTRACTS
While the law recognizes a minor’s right to enter into
contracts that are legally binding on both the minor and
the other party, the minor possesses the right to disaffirm
that contract, thus terminating his obligation for further
performance.
 The general purpose behind this legislation is to protect
minors from themselves, due to their assumed lack of
experience as well as the perceived tendency of adults to
take advantage of minors.
 The contract must, however, be disaffirmed before the
minor reaches the age of 18 or “within a reasonable time
afterwards.”

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B. 2. CONTRACTS
A minor may not disaffirm an obligation that is entered
into under express authority of a statute.
 Additionally, a minor cannot disaffirm a contract for the
“necessities of life,” which generally includes food,
clothing, shelter and health services.
 A special group of statutes regulates minors’ contracts in
the areas of art, entertainment, and professional sports.
 The nature of these contracts and the potential for
exploitation of children in these businesses necessitates
heavy regulation in order to protect children’s interests.

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B. 3. MEDICAL TREATMENT
In general, and subject to certain statutory exceptions, a
minor may consent to medical or dental care, or both, for
the minor.”
 Before a minor may give the consent contemplated in
these sections, however, he or she must meet the
following criteria:
 be 15 years or older
 be living separate and apart from parents or legal
guardians (regardless of the duration of the separate
residence and with or without parents’ consent)
 be the sole manager of his or her financial affairs,
regardless of the source of those funds

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B. 3. MEDICAL TREATMENT
See example on page 39.
 If a minor presents himself for treatment, however, the
health care provider is expected to make every effort to
notify the minor’s parents or guardians and, if possible
and appropriate, involve them in the counseling.
 The basic purpose for the statute is to allow these minors
access to the medical and counseling treatment they
require as soon as possible, without worrying about the
effects of this action on the parents once the needed care
has begun.

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B. 4. EMANCIPATION OF MINORS
In order to become an emancipated minor, one of three
circumstances must be present: the minor has entered
into a valid marriage, is on active duty in the armed forces,
or has received a declaration of emancipation pursuant to
the Emancipation of Minors Law.
 As such, a minor can become emancipated either by
requesting emancipation status from the court or by
taking a direction in life (marriage or enlistment) that will
result in emancipation.
 Emancipation means that the minor is now, for all
practical purposes, treated as an adult.

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B. 4. EMANCIPATION OF MINORS
A petition for emancipation is prepared and served upon
the minor’s parents (or legal guardians), thus giving them
notice of the minor’s desire to become emancipated.
 The minor is the petitioning party, and the petition must
allege that the minor (1) is at least 14 years old, (2) is
living “separate and apart” from his parents, with their
consent, and (3) is managing his own finances.
 If the facts are adequately proven, the court will issue its
declaration of emancipation, which becomes conclusive
evidence that the minor is emancipated.

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C. PARENT AND CHILD RELATIONSHIP

The Legislature instructed that the state maintains a duty
to protect children from abuses of parental authority; the
rights of parenthood are not absolute and are subject to
the superior right of the state to intervene and protect the
child against the misuse of parental authority, subject to
the caveat that the state may not constitutionally interfere
with the “natural liberty of parents to direct the
upbringing of their children.”
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C. 1. THE PATERNITY ACTION
The Code commences this inquiry into paternity by
recognizing a “conclusive presumption” of paternity in the
husband of a cohabitating wife who, while living with him,
gives birth to a child (assuming the husband is neither
impotent or sterile).
 Interestingly, then, if a wife who is living with her husband
enters into an extramarital relationship, becomes
pregnant from the affair, and gives birth, her husband will
be regarded as that child’s father, regardless of the reality
of the situation.

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C. 1. THE PATERNITY ACTION
This situation can have devastating results for both the
husband and the biological father.
 The presumption preserves the “sanctity of the marital
relationship and the unified family.”
 The concept is generally perceived as relating to the “fact”
that the child is conceived and “brought into” an existing
marriage.
 See Brian C. v. Ginger K. on page 42.

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C. 1. THE PATERNITY ACTION
This father-child presumption can generally be rebutted in
two ways:
 1. The husband may use biological tests to rebut the
presumption if he brings the case to do so within two
years of the child’s birth; or
 2. The wife may use biological tests to rebut the
presumption if the case is brought within two years of the
child’s birth and the wife provides an affidavit stating the
identity of the actual biological father.

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C. 1. THE PATERNITY ACTION
Section 7541 of the Code seems to provide some relief in
these circumstances.
 This section authorizes the court to ignore this
presumption if the evidence produced by the use of blood
tests demonstrates that the husband is not the child’s
father.
 There are very strict time limitations.

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C. 1. THE PATERNITY ACTION
The husband must file his notice of motion for blood tests
under this section within two years of the child’s birth.
 If he waits beyond this period, he will always be the child’s
presumed father and will be treated accordingly (just as
the child’s “natural father”).
 The wife may also avail herself of this Code section,
typically to refute a natural father’s attempt to gain
recognition or to refute the child’s father.

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C. 1. THE PATERNITY ACTION
Family Code sections 7570 to 7577 describe another
conclusive presumption of paternity known as establishing
paternity by voluntary declaration.
 See sections 7570 and 7571 on page 45.
 The presumption created by the declaration can also be
rebutted within three years of its making, but only by
persons contemplated in section 7541, that is, the
husband and wife.

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C. 1. THE PATERNITY ACTION
Family Code section 7611 outlines an additional
presumption of paternity that recognizes a man as the
presumed father of a child if he is found to be so under
section 7540 or if he meets any of the following criteria:
 See section 7611 on page 46.
 Section 7611 creates a “rebuttable” presumption that
cannot operate to defeat any of the other presumptions
previously discussed.
 Tests to determine paternity now include actual genetic
testing of the DNA of the pertinent parties.

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C. 1. THE PATERNITY ACTION
The designation of “presumed father” contained in Family
Code section 7611 is very important.
 Without such designation, a man will be precluded from
bringing a paternity action, regardless of his actual
paternal status.
 The paternity action contemplated by this chapter may be
commenced by the mother, any presumed (or potential)
father, the child, or (under certain circumstances) the
district attorney.

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C. 2. TERMINATION OF PARENTAL RIGHTS
Under certain circumstances, if the mother wishes to
place her child up for adoption she must, among other
things, notify any individuals who either qualify as
presumed fathers or who could in fact be the father of the
child prior to allowing the child to be given up for
adoption.
 When the identity or whereabouts of the natural parent is
unknown, the legislature deemed that lack of knowledge
regarding the parent’s identity or whereabouts should not
prevent an adoption proceeding from going forward.

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C. 2. TERMINATION OF PARENTAL RIGHTS
See sections 7800 and 7801 on page 54.
 The circumstances under which this type of proceeding
would most likely be brought are those concerning an
abandoned child, neglect or cruel treatment of a child, a
parent disabled due to alcohol or controlled substances or
“moral depravity,” a parent convicted of a felony, a parent
declared developmentally disabled or mentally ill, and a
parent found to be mentally disabled.
 A private or public adoption agency, including a state or
county agency, may the procedure for terminating
parental rights by filing a petition.

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C. 2. TERMINATION OF PARENTAL RIGHTS
At the hearing, the court must primarily evaluate the best
interests of the minor child.
 Keeping in mind the age of the child, the court may
consult with the child in chambers (in private), provided
that he is at least ten years of age, in an attempt to
determine the child’s wishes and feelings with respect to
this matter.
 Once parental care and control of the minor child
terminates, that child is placed in a foster home or some
other suitable placement.

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C. 3. ADOPTION
The superior court possesses exclusive jurisdiction over an
adoption proceeding, the end result of which is to
designate a nonparent third party as the minor child’s
parent.
 An individual who adopts a minor child quite literally takes
the place of the child’s natural parents and assumes all the
rights and obligations pertinent to that relationship.
 The child’s relationship with the natural parent is severed,
and that parent’s rights are fully and permanently
terminated.

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C. 3. ADOPTION
Similarly, once an adoption takes place, the natural parent
has no further duty, obligation, or right to provide
support, care, or any other aspect of upbringing to the
minor child.
 Adoption proceedings can be commenced by one or both
of the natural parents; or, such proceedings can be
instituted by the court (or other governmental agency) by
its own motion to terminate parental rights.

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C. 3. ADOPTION
The Family Code specifically grants birth parents the right
to relinquish their child for adoption to a licensed
adoption agency or adoption department.
 The birth parents also bear the right to designate the
person or persons with whom they want the child placed
by the department or licensed adoption agency.

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C. 3. ADOPTION
Despite the fact that the adoption agency maintains
exclusive custodial rights over the child, it does not
commence the process of petitioning the court for
adoption upon termination or relinquishment of the
natural parents’ rights.
 Instead, the prospective adoptive parents file with the
court a petition to adopt a child that the department or
licensed adoption agency placed with them.
 The specific procedural aspects of filing a petition for
adoption are set forth in Family Code section 8714.

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C. 4. INDEPENDENT ADOPTIONS
In contrast to agency adoptions discussed above, Family
Code sections 8800 to 8823 set forth the statutes
designed to regulate the so-called independent adoptions,
which are becoming more common in our society.
 These independent adoptions are typically arranged and
handled by an attorney outside the context of the
intervention and oversight by a county department or
agency.

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C. 4. INDEPENDENT ADOPTIONS
Basically, an independent adoption starts with the birth
parents’ selection of prospective adoptive parents who
are personally known to them.
 The appropriate county adoption agency is statutorily
mandated to investigate the proposed independent
adoption and submit to the court a complete report
containing the facts disclosed by its inquiry along with a
recommendation regarding the granting of the petition.

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C. 4. INDEPENDENT ADOPTIONS
The county adoption agency will conduct a thorough
investigation of the prospective adoptive parents,
including an investigation of the adoptive parents’
criminal record, if any.
 Certain circumstances allow for an adoption to be vacated
after the fact.
 An attempt to vacate an adoption must commence within
one year at the earliest and five at the latest of entry of
the court’s order of adoption.
 Procedurally, the court will undertake to hear and rule on
the matter pursuant to petition.

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C. 5. ADOPTION OF ADULTS AND MARRIED
MINORS
The adoption of an adult or a married minor is a much less
complicated procedure primarily because the prospective
adopted “child” is capable of consenting to the adoption
himself.
 After the adoption, the adopted child and the adoptive
parent will maintain the legal relationship as parent and
child and will possess all of the rights and duties of a
parent-child relationship from then on.

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C. 5. ADOPTION OF ADULTS AND MARRIED
MINORS
The procedure for an adult adoption generally
commences with the preparation of an adoption
agreement, which is executed by the prospective adoptive
parent and the prospective adoptee, and which
establishes the nature of the adoption and the consent of
all parties thereto.
 Thereafter, the prospective adoptive parent and the
prospective adoptee will file a petition for approval of the
adoption in the superior court.

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C. 5. ADOPTION OF ADULTS AND MARRIED
MINORS
Finally, section 9340 of the Family Code permits a person
adopted pursuant to the adult adoption procedure to file
a petition requesting termination of the parent-child
relationship, subsequent to giving notice to the adoptive
parent.
 At the hearing on that petition, the court will examine the
propriety of entering such an order.

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C. 6. CHILD ABUSE
As a general rule, situations involving suspected child
abuse fall within the exclusive jurisdiction of the juvenile
court, which is sometimes referred to as the dependency
court.
 The minor may be declared to be a ward of the court if:
 The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the minor’s parent or
guardian.

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C. 6. CHILD ABUSE
The ultimate goal of the dependency court, assuming a
basis for taking jurisdiction has been found, is to prevent
the recurrence of abuse, to eliminate the existence of
abusive conditions in the home, and to provide a
reunification of the family and the child.
 The dependency court focuses on protecting the child.
 Significant jurisdictional protections exist for both child
and parent in these circumstances.

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C. 6. CHILD ABUSE
Dependency court proceedings are generally conducted in
two stages: the jurisdictional phase (when the
determination is made whether to take jurisdiction over
the minor child), and the disposition phase (the time at
which the court decides what to do with the minor child
once it has taken jurisdiction over him or her).
 The level of proof as to whether a child falls within the
jurisdiction of the dependency court is simply that of a
“preponderance of the evidence” or 51 percent in favor
versus 49 percent against.

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C. 6. CHILD ABUSE
The burden of proof at the disposition phase is much
more stringent.
 “Clear and convincing evidence” is required to remove a
child from the parent or guardian’s physical custody
rather than speculation that future harm will come to the
child.

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Family Law: Divorce, Separation, Nullity, and
Paternity
ASSIGNMENT: Homework 3
DRAFT Petition RE: PATERNITY
It’s more common these days for people to have children out of wedlock.
Ms. Nguyen’s newest client is Frank Reyes. His ex-girlfriend Maria Rodriguez is now 7
months pregnant with their unborn daughter. They have never cohabitated, but had
been dating exclusively for a year before the pregnancy and Maria was very excited to
share the news of the pregnancy with him. The couple then threw a huge baby shower
with all of their extended families.
She has shut him out of all prenatal care an appointments for the baby for the last two
months, but has still been having him pay Kaiser for all co-payments related to the
pregnancy, totaling $140 thus far. He’d like to split expenses and ideally have joint
custody of the child after birth, but he’s upset that this action is even needed to be sure
he attends the birth of their child. He wants to be as involved in his child’s life as
possible and is open to mediation.
Please draft the Petition to Establish Parental Relationship and UCCJEA to protect his
paternal rights/ For this assignment you do not need to complete the Summons, or
Family Law Certificate of Assignment.
Client: Frank Reyes
Case Number: 20FL083528D
Address: 682 Arga Pl, Chula Vista, CA 91910
Attorney Erica Nguyen, SBN 204551
Address: Law Offices of Erica Nguyen , 401 W A Street, Ste 1100, SD, CA 92101
Opposing Party: Maria Rodriguez, resides alone at 5524 Main Street, Chula Vista,
CA 91911.
Discussion
Parentage Actions
That same old song and dance to start us off…. write a discussion posts and comment
on a minimum of 2 other students posts. Initial posts should be completed by Mondays
and replies are due on Thursdays.
Your post should be a minimum of three sentences and should maintain proper
grammar, spelling, punctuation and sentence structure. Replies and comments to other
student posts should be polite and respectful. Remember to abide by the online
etiquette as discussed in the syllabus.
“Yes” or “No” or “I agree”is not an answer nor is it a response. I’m looking for developed
answers that include an analysis requested in the prompt in relationship to the
content of the textbook. A response is a comment to someone so please indicate whose
post you are responding to and develop your answer. I don’t know the context for
your response if I don’t know who, by name, you are responding to. The statement, “I
agree with you”, doesn’t tell me who as all I see is a string of names.
This week we looked at Parentage. This action can be taken by a parent to maintain a
relationship with their child outside of marriage, but there are other reasons this action
could be taken. For this discussion, please describe the circumstances under which a
county agency would be interested in bringing a paternity or parentage action against a
presumed father (or presumed non-birth mother/ parent).

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