Jon has been the only father that Brian has ever known in his five years of life. He has raised him since birth as his son and wants to continue to do so. They have a very close bond and Brian calls him Daddy. Recently, DNA tests have proved that another man is Brian's biological father and Jon is afraid that he will lose Brian who is presently in his custody. He has contacted a lawyer who is most likely to tell him all BUT which one of the following?
A) It is a painful result for both Jon and Brian but the DNA tests are determinative of the outcome.
B) Sometimes the courts base their decisions about paternity on nonbiological grounds rather than on the results of DNA testing.
C) Courts apply a variety of legal theories to justify decisions finding that a person is a legal parent of a child.
D) The attorney's paralegal may be assigned to gather information to support Jon's claim that he should be designated Brian's legal father.
Question 2
Larry Lamour is a famous Hollywood heartthrob. He has traveled all over the world on his private jet making dozens of feature films often taking his wife and the three pedigree poodles he gave her as a gift and they raised together. He married his wife, Vanessa, his high school sweetheart shortly after they graduated from high school and when they were both working at a Johnny Rocket's restaurant where he was later discovered by an MGM Studios executive. Larry and Vanessa are now getting divorced after ten years of marriage. Which one of the following is MOST likely to be considered separate rather than marital property?
A) professional goodwill connected with Larry's name based upon his skill as an actor
B) frequent flier miles accumulated by the parties during the course of the marriage
C) their three poodles
D) the marital home purchased with marital funds during the marriage and held solely in the Vanessa's name