Part 1 (based on classes 7-8): Sam is 27 years old and needs advice. He just found out that his 21-year-old girlfriend, Amanda, is pregnant. Amanda has aspirations of becoming an endocrinologist one day; therefore, she wants to place her baby for adoption. They live in the state of Washington.
Sam wants to parent the child. Amanda and her parents would prefer that the baby be adopted by a married couple because they would be mature enough to handle the responsibility of child-rearing.
Review the following statutes of the state of Washington and answer the questions below:
Rev. Code Wash. (ARCW) §§ 26.26A.100, 26.26A.115, 26.26A.205, 26.26A.405, 26.33.160, 26.33.170
The statutes above have been repealed effective January 1, 2019. For purposes of this assignment please just use the existing statutes as if it were still good law. The statutes needed in the assignment can be located at https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A since they are no longer available on Lexis. There is no need to look up the new revised sections.
IRAC is not needed and do not force this assignment into IRAC. Approach it as individual questions that answer what the assignment asks to be complete. You do NOT need any case law. You can answer each question based solely on the statutes listed above. Be sure to include reference to relevant statutes in EACH answer below.
1) Does Sam have any rights to the child as Amanda’s boyfriend?
2) What options are there for Sam to establish his paternity and which is the best option for him based on their facts?
2) Contrast Sam’s rights with Amanda’s rights both initially and after he utilizes an option establish paternity.
3) What is the likely outcome in this case as to Amanda being able to put the baby up for adoption when Sam wants to parent the child?
Be sure to cite relevant statutory law for each discussion/answer.
Part 2 (based on classes 12-14): Cecile and Louis have been married for twenty-six years and live in Lafayette, Louisiana. They have four children, Elliot (24), Adele (19), Lyam (14) and Eleanor (11). Cecile has been a stay-at-home mom for most of their marriage while Louis pursued his career in aerospace research. Only in the last three years has Cecile begun to work part-time at the local Friendly’s. Cecile and Louis own the marital residence, which is now worth $450,000 and still has $32,750 remaining on the mortgage.
Their marriage has been on the rocks for some years now; Cecile suspects that Louis is cheating on her, although she has no real proof. Louis believes that Cecile doesn’t love him anymore. Lyam and Eleanor are aware of the tension in the family home. Adele is a junior at LSU and only comes home on school breaks. Elliot is in graduate school in Texas and rarely comes home.
This is not an IRAC assignment. Answer each of the following questions separately in at least 1-2 paragraphs minimum for EACH question. These are NOT yes/no questions; each must have a fully explained answer using cited Louisiana statutes (and case law where needed).
a. Will Cecile need to plead adultery in her Complaint? Can she plead adultery as her grounds?
b. Will Cecile be able to obtain alimony or spousal support from Louis?
c. Will Cecile be able to remain in the family home? Can the mortgage become part of spousal support?
d. Who will be awarded custody of the children? Which ones?
e. Will Louis be required to provide child support, and for which children?
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