Is harry a presumed parent and is fred a presumed parent

Reference no: EM133528364

Problem

I. Pam and Jim come to your office seeking a divorce. Pam and Jim are adamant that they do not want to proceed through traditional litigation, but instead want to use some form of alternative means to litigation. During your meeting with them, you notice that Jim does all of the talking. When you ask Pam a question, she usually doesn't answer before Jim will jump in and answer for her. However, Pam does not contradict Jim or state that his answer is incorrect, instead, she will agree with his statement. Pam and Jim have been married for 20 years and have significant property issues. Jim also states that Pam does not want spousal support, despite not working for 10 years, and Pam agrees.

Is this a good case for mediation or collaborative law? Including the rule.

II. Apply the Uniform Parentage Act to the following fact pattern:

1. Sally and Harry are married. From January to March, Sally had an affair with Fred. Sally and Harry are still married and living together. In December, Sally gives birth to a child.

2. Is Harry a presumed parent? Is Fred a presumed parent? Can Fred seek to establish paternity? Reference the applicable UPA sections in your response.

Reference no: EM133528364

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