| Parent and Child Law |
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Bobby McCurdy v. Kirk Dodd, et al.
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This controversy arises out of the tragic and fatal
shooting of Donta Dawson ("Dawson" or the "decedent") in
an encounter with officers of the Philadelphia Police
Department. Dawson's biological father, Bobby McCurdy
("McCurdy"), appeals the grant of summary judgment in
favor of the defendants as to McCurdy's sole remaining
claim from an action brought pursuant to 42 U.S.C. § 1983.
McCur... More... $0 (12-18-2003 - PA)
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In Re: Desarae M., Destiny M. and Britney M.
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This is an appeal by Shannon R. (See footnote 1) (hereinafter "Appellant") from a final order of the Circuit Court of Hampshire County terminating her parental rights to her three children, Britney, Destiny, and Desarae M. (See footnote 2) The Appellant appeals that termination order to this Court, alleging that the lower court committed several reversible errors. Upon thorough evaluati... More... $0 (12-18-2003 - WV)
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In re Christopher M., a Person Coming Under the Juvenile Court Law
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Appellant, the alleged father of the minor, appeals from
the juvenile court's order terminating his parental rights.
(Welf. & Inst. Code, §§ 366.26, 395.)1 Appellant contends
the juvenile court erroneously denied him a contested
366.26 hearing. He also contends he was prejudiced by the
juvenile court's failure to follow the statutory procedures for
determining paternity. Appellant is mist... More... $0 (11-12-2003 - CA)
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Steven F. et al. v. Anaheim Union High School District
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This case deals with the claims of the relatives of an injured person to recover for their own emotional distress occasioned by an injury that they did not witness and which the victim actively tried to conceal from them. Specifically, two parents have sued the Anaheim Union High School District for emotional distress when they discovered that their daughter, who had just completed the 11th g... More... $0 (10-22-2003 - CA)
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Debra Diane McCabe, now Lindsay v. Keith Michael McCabe
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The issue before us is whether a trial court may now establish future child support and set an arrearage for retroactively established child support when the parties agreed in a 1990 divorce to termination of any parental rights the husband had to a newborn child, and further agreed that the mother was not entitled to receive any child support on behalf of the newborn. The agreement was approv... More... $0 (10-14-2003 - OK)
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State of Oklahoma, Department of Human Services v. Quinto Harold Overstreet
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The issue before us is one of first impression, that is, whether the termination of parental rights also terminates the duty to support. The legal issue and facts of this appeal are similar to those before us in Lindsay v. McCabe, 2003 OK 86, ___P.2d___, also decided today. The current law on this issue, found in 10 O.S.2001, § 7006-1.3(B)(1), and enacted in 1994, provides that termination of p... More... $0 (10-14-2003 - OK)
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Carlos Smith and Bobbie Hinojosa Smith v. Texas Department of Protective and Regulatory Services
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Carlos and Bobbie Hinojosa Smith appeal the trial court's judgment terminating their parental rights to their children. By four issues, they challenge the factual sufficiency of the evidence to support the judgment. We hold that although the evidence is factually insufficient to support some of the grounds for termination alleged by the Department, factually sufficient evidence exists to establ... More... $0 (09-11-2003 - TX)
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Shannon Emily Parker and Kelly Parker v. Christy Lynn Parker and Robert Clinton Parker
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Appellants Shannon Emily Parker and Kelli Parker appeal from the probate court's denial of their motions for summary judgment and the court's corresponding ruling granting appellees Christy Lynn Parker and Robert Clinton Parker's motions for partial summary judgment. In three issues, appellants complain that the probate judge was without power to rule upon the parties' summary judgment motions ... More... $0 (08-14-2003 - TX)
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In the Interest of C.L.W., A Minor Child, B.A.W.(T) v. State of Missouri, Greene County Juvenile Office.
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B.A.W.(T.) ("Mother") appeals from a judgment which terminated her parental rights to C.L.W., her daughter. (FN1) Mother alleges there was insufficient evidence presented to support the trial court's finding that two termination grounds were proven by clear, cogent, and convincing evidence. She also claims the court erred in finding that termination of her parental rights would serve the best inte... More... $0 (07-28-2003 - MO)
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J.T.T. and M.T. v. Chon Tri a/k/a Hien Dinh Nguyen and Theravada Buddist Corporation
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After being sexually assaulted by a Buddhist monk, Dung Huu Khuat (who has been convicted and is now serving time for the criminal offense of rape), the sisters sued Khuat; his abbot, Chon Tri; the Theravada Buddhist Corporation of California, which governed Dung Huu Khuat and Chon Tri's temple in California; the Phap Luan Buddhist Culture Center, Inc., a Houston-based organization governing th... More... $0 (06-19-2003 - TX)
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Kathryn Buono et al. v. Michael Scalia et al.
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Plaintiffs appeal from a December 7, 2001 summary judgment order dismissing their personal injury complaint. The action was brought on behalf of a child, Kathryn Buono, who was injured when Michael Scalia, then aged five years and nine months, struck her with the bicycle he was riding. Plaintiffs sued Michael on a theory of direct negligence and sued Michael's parents Alphonse and Lisa Scalia o... More... $0 (03-11-2003 - NJ)
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In re the Marriage of Bryan and Shannon Loyd. Bryan Loyd v. Shannon Loyd
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Appellant, Bryan Loyd (Bryan ), appeals the trial court's order modifying the custody arrangement of his two children. After the proper motions were filed, the trial court modified the prior physical custody order and awarded primary physical custody to Shannan Loyd (Shannan). We find the trial court based its decision on an improper consideration, reverse the order and remand the matter to t... More... $0 (02-28-2003 - CA)
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Beatryce Hall vs. Texas Department of Protective and Regulatory Services
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This is an appeal from the trial court's decree terminating appellant Beatryce Hall's parental rights to her child, M.C.H. In support of the termination of parental rights, the trial court found as follows: (1) Hall "engaged in conduct or knowingly placed [M.C.H.] with persons who engaged in conduct which endangers the physical or emotional well-being of [M.C.H.]"
Tex. Fam. Code Ann. § 161.... More... $0 (02-13-2003 - TX)
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Christian Joseph Gibbs, et al. v. Carnival Cruise Lines, et al.
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46 U.S.C. S 183b, a statute that regulates the contractual
limitations on time for passengers to bring a lawsuit
against maritime carriers, provides that carriers may not
impose time-bars of less than one year. This minimum one
year time-bar is tolled, however, for injured minors
pursuant to S 183b(c); in such cases, the clock starts
ticking only when the minor's "legal represent... More... $0 (12-20-2002 - NJ)
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In the Matter of Guardianship of Ashleigh R. and Stefanee R., Minor Children, Judith Thomas-Lott and Paul Lott v. Michelle Earles
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{1} Mother appeals from a judgment appointing guardians for her two daughters. Mother argues that the trial court had no authority under the Probate Code to appoint guardians for the children when Mother retained the right to custody and objected to the appointment. Mother also argues that the trial court should have applied the parental rights doctrine and granted Mother custody of her daughters... More... $0 (10-08-2002 - NM)
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Elsa Bretherton v. John Bretherton
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The defendant, John Bretherton,
appeals from the judgment of the trial court granting
the postjudgment motion to modify visitation that was
filed by the plaintiff, Elsa Bretherton, and permitting
her to relocate to the state of Washington with the
parties' two minor children. On appeal, the defendant
claims that the court improperly applied the holding of
our Supreme Court in Ireland v. Ire... More... $0 (09-24-2002 - CT)
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Fields v. Southern Farm Bureau Casualty Insurance Co.
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This is an appeal by appellant Freddie Mark Fields (Fields), as parent and next friend of Stephen Hunter Fields, a minor (Hunter), from an order of summary judgment granted in favor of appellee Southern Farm Bureau Casualty Insurance Company (Southern Farm). Fields urges that this court should abrogate the parental-immunity doctrine altogether or, alternatively, create an exception to the doctr... More... $0 (09-19-2002 - AR)
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Victor Johnson v. Monica Rodriguez, et al.
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Appellant Victor Johnson of Arizona, putative father of a child born out of wedlock and subsequently adopted by a married couple, filed a complaint in the district court against the biological mother, the adoptive parents and The Adoption Center of Choice. He contended that the Utah Adoption Statue, as applied to him, violated the Due Process Clause of the Fourteenth Amendment. Utah Code Ann. §§ 7... More... $0 (06-19-2002 - UT)
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In re Raymond
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Michelle R. and Derrick E. (appellants), the parents of Raymond E. (the minor), appeal from an order of the juvenile court terminating their parental rights. Claiming a statutory exception to adoption applied, appellants contend the court committed reversible error in terminating their parental rights. Michelle also claims the court erred in finding the minor adoptable because, according to ... More... $0 (03-19-2002 - CA)
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IN RE ADOPTION OF C.D.M.
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1 Two issues are presented: 1) whether a father who was denied visitation and who was incarcerated for stalking and assaulting the mother and violating a victim's protective order (VPO) which was entered to protect the child and its mother from the father's acts of violence may rely on court orders to excuse his lack of relationship with the child; and 2) whether sufficient evidence was present... More... $0 (12-05-2001 - OK)
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Estate of Griswold
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Section 6452 of the Probate Code (all statutory references are to this code
unless otherwise indicated) bars a “natural parent” or a relative of that parent from inheriting through a child born out of wedlock on the basis of the parent and child relationship unless the parent or relative “acknowledged the child” and “contributed to the support or the care of the chil... More... $0 (06-21-2001 - CA)
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Jack Michael Walker, et al. v. Jennifer Renee Campbell and Kevin Eugene Campbell
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Appellants Jack Michael Walker ("Father"), and Jack L. and Stella Walker ("Grandparents") appeal the granting of the petition for the adoption of Father's natural son filed by Jennifer Renee and Kevin Eugene Campbell, the child's mother and her husband ("the Campbells"). We reverse.
Issue
The dispositive issue may be restated as whether Indiana's adoption statutes which have op... More... $0 (05-24-1999 - IN)
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John Langlois v. Alan and Michelle Pomerleau
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Landlord and Tenant- Parent and Child - Negligence - The plaintiff sued for negligence, negligent entrustment, and negligent supervision against the defendant tenants for a fire that occurred on February 18, 1994 in the defendants' apartment in Newmarket. On that date, Michelle Pomerleau was in the apartment with her son Daniel, who was then one day shy of turning three years old. While the mothe... More... $187750 (03-18-1999 - NH)
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