STREETLAW MINI LESSON PLAN - Home | UW School of Law
STREET LAW: Paternity in Washington
— Adrian Martinez Madrone and Maya Mendoza, 2007
SOURCE: Original format with information from Northwest Justice Project Website, WA Department of Social and Health Services website, and WA Supplement.
TIME: 50 minutes
GOALS:
A. Students should understand that there are many stakeholders when asking a question of paternity under Washington law.
B. Students should understand that the law chooses to protect the most innocent stakeholder—the child—when determining paternity and its rights and obligations.
C. Students should feel comfortable discussing a very sensitive topic and feel like their peers and teachers respect their opinions and value their participation
OBJECTIVES
D. Knowledge Objective
• Learn how to establish paternity under Washington law
• Understand reasons for how the law prioritizes stakeholders in respect to paternity
• Learn what establishing paternity means for a father and a child
.
E. Skill Objective
• Identify stakeholders with an interest in the law and how the law creates rights and/or obligations for each with respect to paternity
• Learn to listen to other viewpoints and have confidence sharing with peers
• Learn to apply paternity law to a set of facts even if it creates a tough outcome
.
F. Attitude Objective
• Understand that rights that arise under paternity law have potentially serious consequences for all those involved
• Understand that paternity law applies to minors that engage in sex that leads to pregnancy
• Learn to respect opinions and attitudes of classmates in a respectful and collegial manner
CLASSROOM METHODS
G. Simulation I
1. Remind class that this is a sensitive topic that may be very personal for some students who have first hand experience and so is of paramount importance that students listen patiently and are respectful with their comments
2. Ask students as they arrive to participate in a role play (one male and one female student that you know will not be offended by the topic)
a) Put powerpoint on board with “Paternity in Washington” slide
1) At the start of class, move to the objective slide and explain what the class is about.
2) Move to the paternity/parentage definition slide and ask students what they think the definitions mean.
b) Begin class by having the male and female student run through dialogue and ask other students to pay close attention to what is said and by whom.
c) At the end of the role play, ask the participants to sit down and ask students who were watching what their first impressions were.
1) What were they talking about?
2) What did each of them want? Not want?
3) What are the important facts?
4) Who is right? Is someone right?
5) What do you think the courts would do?
3. Debrief the role play by dividing room (based on where the students sit) into thirds and assign each one a different stakeholder to voice an opinion for in the role play
a) 1/3 of the room devoted to the interests of the female student
b) 1/3 of the room devoted to the interests of the male student
c) 1/3 of the room devoted to the interests of the State/lawmaker/judge/society
d) Ask the students to answer debriefing questions with their interest in mind as an advocate.
1) What does each party want?
2) What are some facts that go in your favor?
3) What facts do you distrust? Is someone lying?
4) What outcome do you want?
5) What outcome are you worried about?
H. Mini Lecture about Uniform Parentage Act in Washington State
1. Explain that the previous exercise was necessary in order to understand how paternity issues affect a number of different stakeholders (mother, father, child, State)
a) Hand out powerpoint slides and ask students to take their own notes as we go through the slides as a class.
b) Explain that WA law is constructed to protect the innocent, the child, who otherwise may not be able to protect their own interests and legal rights
2. Using PowerPoint Discuss Definitions
3. Discuss Paternity and why it is important
4. Discuss Uniform Parentage Act and the three ways to claim paternity under Washington law.
a) Separate out the difference between establishing paternity under WA law and then the obligations that will flow from that.
b) After discussing the Act, focusing on the Paternity Affidavit and Judicial Determination, also discuss the outcomes
c) Put up slide regarding current child support schedule (if class seems interested in this aspect of assigning paternity).
I. Simulation II
1. Follow same directions as above, but now that students are familiar with who the law protects and how the law works to establish paternity in Washington we want them to address a little more complicated scenario.
2. Use “Maurice Show” script where it is not clear who the father is and have class as audience weigh in on what they think would happen. Divide the class in the same thirds from before and assign advocacy positions BEFORE the simulation begins, so that students can listen for specific facts: 1/3 represent Tisha; 1/3 represent George; 1/3 represent Paul.
a) What should the mother do?
b) What should each of the suspected fathers do?
c) Would it be easier for the mother to go to Court via paternity determination by court judgment?
d) If going to Court, but excluding genetic test results, how should the Court rule?
J. Hypothetical: Apply WA Paternity Law (if time but probably have to assign as homework—designed to be credit, no credit)
1. From WA Supplement Problem A-31.1→ distribute fact pattern
2. Explain instructions, that we will read fact pattern together and then break up the class into groups and ask them each to take on either Kelly or Leon’s position in the case and answer the questions on the back side of the fact pattern.
3. Break up class and have them work in groups of 4-5.
4. Debrief by asking each group to report on their arguments
a) What are your best arguments?
b) What are some holes in your argument? What does your client want? Best case scenario? Acceptable outcome?
c) What do you think a court would decide if it went there?
5. Explain that this is a similar fact pattern to a real case from 1984 and that the Court held that the only needs at issue in a paternity case are those of the child and nothing under the Uniform Parentage Act allows parents or suspected parents to litigate whether they wanted the child.
a) Discuss other arguments or facts that may be relevant from WA Supplement debrief sheet.
I. EVALUATION
A. Participation in the class discussion after simulation(s)
B. Participation in the hypothetical applying WA law for paternity
C. Showing respect for fellow students in classroom
D. Hypothetical, either in class or as homework
Simulation I
Tina: Devon, I have something to tell you.
Devon (playing video game): Ok. What’s up?
T: It’s important Devon.
D (stops playing video game): Alright, I’m listening. What’s going on?
T: I think I’m pregnant.
D: What? You’re kidding! You said you were on the pill.
T: Well I must have forgotten to take it a few times.
D: Whoa…You know we talked about how I’m about to go away to college. I told you how important it was that we were protected. We agreed that you were going to take the pill. You said you were taking it.
T: Well, I made a mistake. I didn’t think anything was really going to happen. And anyways, I asked you to use a condom and you said no. Now the baby will be both of ours—not mine only. It’s both our problem.
D: Man. I don’t think I can handle this. I’ve got a whole future to think about. Besides, you lied to me about taking the pill, how do I know you’re not lying about the baby being mine?
T: You know it’s yours. Now I’m going to need help and support. Are you going to be there for me?
D: I don’t know. This is so messed up.
Simulation II
Characters:
Maurice, George, Paul, Tina
Setting:
TV Talk Show — “Maurice”
Maurice: Welcome back to the Maurice show. Today’s show is coming live from Seattle, Washington. The topic — You’re my baby’s daddy! Let’s get things started. Everybody welcome Tina! (Tina comes out on stage and sits down.)
Tina: Hello Maurice.
M: Hello Tina. Why don’t you tell us what’s going on?
T: Well, Maurice. I am 18 years old. I’ve been dating a man named George for about three years. Last year, I got pregnant and had a baby girl. When I found out I was pregnant, I told George.
M: What did George do when you told him?
T: First, he was pretty upset. He thought I was using birth control, but he was wrong. So, he thought I should have an abortion. I told him I didn’t want to. So after a while, he finally said that he would be okay with it, and he would help me take care of the baby.
M: Ok. Why don’t we bring George out here to find out what happened?! George, come on out!!!
(George comes out and sits down.)
George, did you hear what Tina told us?
G: Yes I did Maury.
M: Ok. What happened after Tina told you she was having your baby?
G: Well, she’s right. I was pretty mad when I found out that she was pregnant. She had told me she was using birth control. But she was lying!!! She actually wasn’t using any at all!
M: Were you using protection?
G: No. I figured we were ok as long as she was using birth control.
M: So, what did you decide to do once she told you she was keeping the baby?
G: Well, I figured I should do the right thing and help take care of her.
M: Is that what happened?
G: Yeah. At first. For about the first year, I was helping pay to take care of the baby. I paid a lot of money for the time when Tina was in the hospital giving birth. Then, I paid a lot more money to buy clothes and diapers and stuff.
M: Then what happened?
G: Well, I found out from my friend Raheem that about the time Tina told me she got pregnant, Raheem had seen her out with this other dude named Paul.
M: What did you think when you found that out?
G: I was mad. Me and Tina had been fighting around that time, and now I was starting to think that maybe that baby isn’t mine!
M: Ok, let’s keep things interesting. Paul, come on out here!
(Paul comes out)
Paul, do you know Tina?
P: Yes. We were seeing each other a little while back. Now I hear she has a baby. But that baby can’t be mine!
G: Oh man! Tina you said you were only with me!
T: I know. I’m sorry. We were fighting back then. I just needed somebody to talk to.
M: Tina. Did you ever sleep with Paul?
T: Yes I did Maurice.
M: Have you ever had any tests done to find out who the father of your baby is?
T: No I haven’t Maurice.
M: What do you think will happen if you get these two men tested?
T: I don’t know Maurice. I just don’t know…
M: Alright, after the break, we’ll try to figure out who the father of Tina’s baby is!
— END
Supplement Problem A-31.1: Breach of an Oral Contract? Whose Rights Count?
Kelly and Leon have dated for six months. They are both 18, and live in Washington State. At the beginning of their sexual relationship, Kelly tells Leon that she has a disease that makes her infertile (unable to have children). Leon insists that Kelly use birth control anyway. Leon does not use any form of contraception.
Kelly becomes pregnant. Leon asks her to have an abortion, since he is not ready to marry, and has plans to go to college. Kelly refuses. They break up, and Leon does not hear from Kelly until a year later, when he is served with papers in a paternity action against him. The suit asks that he be declared the father of the child, and pay support of $350 per month. It also asks for reimbursement of Kelly's medical expenses during the pregnancy, and for past support for the last six months, since the baby was born. Kelly claims that she told Leon after a few months of their relationship that she was no longer using contraceptives.
Leon hires an attorney to represent him because he feels he should not be required to support this child. He denies that Kelly ever told him that she had stopped using birth control.
Leon's attorney argues that Kelly breached an oral contract between them to use birth control. He also argues that her refusal to have an abortion increased Leon's damages caused by her breach of the contract. He also argues that Kelly was careless and negligent in failing to use birth control, and that she intentionally lied to him about whether she was using it.
1. Identify all the arguments for Leon. Rank the arguments for Leon from most important to least important.
2. Identify all the arguments for Kelly. Rank the arguments for Kelly from most important to least important.
3. How should the court rule and why?
[pic]
Supplement Problem A-31.1: Breach of an Oral Contract? Whose Rights Count?
l. The arguments for Leon, besides those mentioned in the facts could be that she chose to have this child against his wishes and she should be required to support it; that he should not be required to pay the six month back child support because she did not let him know that she was seeking support for those months, and that he is not the father.
2. Arguments for Kelly could be that she told Leon she was no longer using birth control, and he took the risk that she could become pregnant; the child is born and they are both responsible now to provide for the child, regardless of fault; she cannot afford to support herself and the child, and since he is the father he must pay.
3. This is similar to an actual case from Washington, decided in 1984. In that case, the father sought to set off his damages in his action against the mother for breach of contract, to lessen his future child support obligation. The court ruled that it could not consider the father's claims because in a paternity case under the Uniform Parentage Act, the only issues for consideration are the needs of the child, and the parents' ability to support the child. The court stated "Nothing in the UPA [Uniform Parentage Act] permits parents in an action brought thereunder to litigate the issue of whether or not they in fact wanted the child."
4. The court concluded that the father's claims, even if true, are not facts to be considered by the court in determining the amount of child support to be paid.
PowerPoint Slides — Paternity in Washington
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