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Revoking Paternity

 
 
MrIVI
 
  1  
Reply Fri 18 Mar, 2011 04:17 pm
@Ticomaya,
Code:In Arizona, there is a presumption of paternity if a man is married to the mother within 10 months of the birth, and there is also a presumption of paternity if a DNA test affirms at least a 95% probability of paternity, and there is a presumption of paternity if a man sign the birth certificate of a child born out of wedlock. Any presumption can be rebutted by clear and convincing evidence, and if there are two or more presumptions that apply, the court is to determine which should take precedence based upon "weightier considerations of policy and logic." Arizona courts routinely find paternity with the biological father, even though the child is born during the mother's marriage to another man -- other states are more reticent about doing that. Whether the Court would reverse course and find the husband to be the father, merely because all three parties are in agreement, is another thing entirely. While I suppose it is theoretically possible, the court would probably need to make specific findings as to how such a ruling would be in the best interests of the child. Of course the biological father could consent to the adoption of the child by the husband (step-parent adoption), and that is routinely done.


Thanks for this information. Very useful.
0 Replies
 
Ticomaya
 
  1  
Reply Fri 18 Mar, 2011 05:36 pm
@joefromchicago,
joefromchicago wrote:
Your entire post is premised on the absurd notion that Arizona has laws. I refuse to accept that.

Yep ... we get to carry guns and stuff too.
MrIVI
 
  0  
Reply Fri 18 Mar, 2011 08:11 pm
@Ticomaya,
Quote:
we get to carry guns and stuff too.


In New York (My Goddamn state), a dude tried to rape a woman who was a karate instructor; she beat him severely; then she was sued and lost!

I see three major problems here:
(A) Guy tries to rape a woman!
(B) Guy is stupid enough to attempt to rape a woman capable of beating him senseless.
(C) Society is stupid enough to feel sorry for this guy!

Survival of the fittest dude, you just lost! Give him the chair before he gets the chance to sue anybody. Twisted Evil
BillRM
 
  0  
Reply Sat 19 Mar, 2011 02:23 am
@MrIVI,
Quote:
In New York (My Goddamn state), a dude tried to rape a woman who was a karate instructor; she beat him severely; then she was sued and lost!


Would you care to link to such a story as I question such being true on it face.

In the state of Florida for example rape is consider forcible felon and any citizen is entitle to used deadly force to stop it.

MrIVI
 
  0  
Reply Sat 19 Mar, 2011 02:55 am
@BillRM,
I'll try to find you a link. I saw it in a local newspaper a while ago.
Legally speaking you are correct even for New York, but New York gets away with some of the most horrid rulings.
I believe the issue this case hinged on was the guy demonstrated he was attempting to escape when she continued to attack him. (I back this chick all the way and totally would have approved of her hunting down and killing him in his own house.) But the legal issue that turns the case is since he was fleeing he she was no longer preventing a felony.
BillRM
 
  1  
Reply Sat 19 Mar, 2011 05:43 am
@MrIVI,
You would also need a jury to go along with such nonsense and that would be one hell of a case for jury nullification.

Second you have every right to used anything short of deadly force to stop a fleeing felon in any case.
Ticomaya
 
  1  
Reply Sat 19 Mar, 2011 06:58 am
@BillRM,
BillRM wrote:
Second you have every right to used anything short of deadly force to stop a fleeing felon in any case.

Well, the answer likely depends on the particular facts of the described scenario. A person is able to use force to defend themselves against force, and they are justified in using force to prevent the escape of that criminal -- so long as they are using that force necessary to prevent the escape.

If the criminal is sitting there quietly after being detained, and the karate woman continued to beat on him for a while, a jury might not believe she was using that force that a "reasonable person" might use to prevent his escape.
BillRM
 
  1  
Reply Sat 19 Mar, 2011 08:39 am
@Ticomaya,
How do you get any jury to find for a would be rapist no matter how must damage his would be victim did to him as a result of his attack?
0 Replies
 
 

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