Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Input: will neither gain nor lose by the court's determining who the children's biological father is. The court's paternity determination will not impact the need for Husband to raise a third-party custody claim if he wishes to seek custody of Wife's children, and it will not impair or impede his ability to do so. Husband argues, however, that the paternity case is the only action in which he can assert his third-party custody claim, because he cannot assert it in the dissolution of marriage case. We agree with Husband that the court does not have the authority in a dissolution proceeding to determine the custody of children not born of the marriage or adopted by the parties. Warlop v. Warlop, 254 S.W.3d 262, 263 (Mo.App.2008). See also In re Marriage of Said, 26 S.W.3d 839, 843 (Mo.App.2000) (<HOLDING>). Merely because Husband cannot assert his
Holding statements: (A) holding that although husband and wife were both fit and proper persons to have custody of the child custody in a dissolution action should have been awarded to wife the biological parent in light of blood test showing that husband was not the childs biological father (B) holding that natural parents have a fundamental liberty interest in the care custody and management of their children (C) holding that the issue of custody was foreign to the dissolution action because the husband was not the natural father but that the husband could seek to intervene to assert a thirdparty custody claim in a pending custody modification proceeding between the childs natural parents (D) holding that a modification of custody should not be based on one parents default because it is the childs best interests that are at stake (E) holding the foster parents responsible for support where the childs natural parents are unknown and noting that an earlier new york case held that an agreement to adopt did not terminate the natural parents duty of support but that in that earlier case the natural parent was alive and capable of providing for the child
Output:
holding that although husband and wife were both fit and proper persons to have custody of the child custody in a dissolution action should have been awarded to wife the biological parent in light of blood test showing that husband was not the childs biological father