Last Essay Example | Topics and Well Written Essays - 750 words

Last - Essay Example argument that they had the same constitutional rights and standing as biological parents, ruling that the application of the â€Å"Existing Indian family exception† did not apply in the said case. The ruling on this case has two major implications. First, Brewer, according to the words of Barbara Atwood, notes that it scraps the ‘Existing Indian Family’ exception, one that has always been a cause of disagreement within the Californian Courts. Secondly, the ruling also discards the constitutional issues brought forward by the foster couple in favor of their argument. This ruling signals a predisposition of the nation towards rejecting Existing Indian Family exception. To answer the questions, in the event that the court rules against John E, he will still be obliged to provide child support to Baby A. According to the principles underlining guidelines formation, both parents should share the legal responsibility of their children, and John is no exception here. Secondly, the Child Support Recovery Act of 1992 and the Deadbeat Parents Punishment Act of 1998 can both be used to compel John towards providing support to the child. Furthermore, paternity tests did show that he is the father to the child, and thus he must take the full responsibility. However for the mother to Baby A, this far little has been heard about her, but in the event that she shows up, and given that she is a well-known drug addict, her fitness must be confirmed before she can be allowed near the child. If the tests prove her fit, the she should be allowed access to the baby, but not custody. The bonding the child has created with the caretakers is healthy enough at this point , and disrupting it by allowing the mother to have her might be detrimental to her wellbeing. In the case of Stanley v Illinois, the initial ruling had some inadequacies. The argument that the bond between a mother and a child is often stronger than that between a father and a child was sound; however, in the event