http://www.morelaw.com Parent and Child Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=AC%2030457&s=CT&d=41466 A constructive trust arises when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,as numberless as the modes by Tue, 15 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20ME%2096&s=ME&d=41162 [1] This is a highly contested child custody case. Lori Handrahan appeals from a judgment of divorce entered in the District Court (Portland, Moskowitz, J.), contending that the judgments relocation provision that transfers primary custody of the parties daughter if Handrahan relocates from Maine violates Maine statutes and is unconstitutional, that the court erred by excluding expert test Tue, 1 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=F056975&s=CA&d=40901 Karen Victoria Dahlberg Wynn (appellant) filed a petition in the superior court seeking an order correcting her original birth certificate to state the actual names of her birth parents rather than the fictitious names her mother used when the original certificate was prepared. Appellants situation is unusual because her original birth certificate is sealed and her legally operative birth certi Tue, 4 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-60482&s=MS&d=38882 At issue in this diversity action is the validity of First Colony Life Insurance Companys (First Colony) policy on the life of Emmanuel Morris.1 Bobby Sanford purchased the Policy and was the primary beneficiary under the Policy. For about a year before his death, Morris lived with Sanford and his family. Upon Morriss death, Sanford filed a claim seeking to collect the Policys $100, Wed, 7 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=J-72-2008&s=PA&d=38370 In this appeal, we are asked to determine whether the Commonwealth Court erred in upholding the trial courts determination that Millersville Borough Ordinance No. 2004-5, levying a $30 tax on the consummation of residential lease transactions, was permitted under Section 2(1) of the Local Tax Enabling Act (LTEA).1 For the following reasons, we reverse.The facts of this case are straightfo Wed, 17 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%2056%20September%20Term,%202007&s=MD&d=35944 The issue in this case is whether a cause of action for intentional interference withcustody and visitation rights is sustainable by a father, Michael Shannon, against his formerwife, Nermeen Khalifa Shannon, and her mother, Afaf Nassar Khalifa ("Appellants"), bothof whom fled to Egypt with the couple's two minor children, who remain there. Appellantsmoved to dismiss the father's complaint Fri, 11 Apr 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=26421&s=SC&d=35269 This is a case involving custody and visitation issues. Amy Caudill gave birth to Jason in October 1992. Jason's biological father is David Storm; however, he has never been involved in Jason's life. When Jason was a toddler, Amy married respondent/appellant (hereinafter referred to as Stepfather)[1] in February 1994. Amy gave birth to Kathryn (Katie) Caudill in December 1999. Katie's father Tue, 22 Jan 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S149248&s=CA&d=34737 When a child is removed from parental custody and made a dependent ofthe court, reunification services generally must be provided to the child's parents.At a six-month review hearing, the court must decide whether to continue orterminate those services. In doing so, should the court consider the likelihood ofreunification during the next six months after the hearing, or the likelihood of Thu, 20 Dec 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-3632&s=PA&d=34007 Melissa Anspach and her parents brought this actionagainst the city of Philadelphia (the "City") and certain of itsemployees and agents, including the City's Health Departmentand the Commissioner of Public Health. Melissa is a 16-year-oldunemancipated minor. They allege that agents of the Cityviolated Melissa's constitutionally protected right to bodilyintegrity and parental guidance, Mon, 24 Sep 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-2539%20%20&s=RI&d=33884 Plaintiffs Joy and Thomas Carter (collectively, "plaintiffs") brought suit against several officers of the Rhode Island Department of Children, Youth and Families ("DCYF") (collectively, "defendants"). Plaintiffs alleged that the DCYF officers were liable under 42 U.S.C. 1983 for infringing on their right to familial integrity under the United States Constitution. They also sought damages under Tue, 11 Sep 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-6213&s=OK&d=33566 Defendant-Appellant Dr. Mike Crutcher, sued in his official capacity as the Commissioner of Health (hereinafter referred to as "Oklahoma State Department of Health ('OSDH')") appeals a district court judgment that a state law barring recognition of adoptions by same-sex couples already finalized in another state is unconstitutional. OSDH also appeals the district court's order requiring it to is Tue, 7 Aug 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2007%20ME%2039&s=ME&d=32904 [1] Christina C. Carolan appeals from a judgment entered in District Court(Lewiston, LaVerdiere, J.), determining child support obligations between her andDavid A. Bell. She asserts that the court erred by imputing to her, for purposes ofcalculating annual gross income: (1) the difference between the rent her parentscharge her and the rent they charged the previous tenant; (2) an amount eq Thu, 1 Mar 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S125912&s=CA&d=30447 In the present action for child support filed by the El Dorado CountyDistrict Attorney, we conclude that a woman who agreed to raise children with herlesbian partner, supported her partner's artificial insemination using ananonymous donor, and received the resulting twin children into her home and heldthem out as her own, is the children's parent under the Uniform Parentage Act andhas an Tue, 23 Aug 2005 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B171528&s=CA&d=29726 This is a wrongful death action for alleged medical negligence brought byKalesha S. Jackson,1 through her guardian ad litem against respondent TerrenceFitzgibbons, M.D., arising out of the death of Kalesha's natural mother. The courtgranted respondent's motion for summary judgment on the ground that Kalesha had nostanding to bring an action under Code of Civil Procedure section 377.602 b Mon, 7 Mar 2005 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=95132&s=IL&d=28436 The petitioner, Robert L. Crook, appeals from the decision of the appellate court holding that: (1) the trial court erred in its division of retirement funds, and (2) the marital estate was not entitled to reimbursement of $40,000 for payment made on a joint loan for improvements to nonmarital property. 334 Ill. App. 3d 377. This court allowed Robert's petition for leave to appeal. 177 Ill. 2d R. Fri, 2 Jul 2004 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=a-49-03&s=NJ&d=28246 On this appeal, we have been asked to determine whether a plaintiff should be permitted to pursue an action for a declaration of paternity and child support against a decedent's fully distributed estate. Resolution of that issue requires us to analyze the interplay between the New Jersey Parentage Act, N.J.S.A. 9:17-38 to 59, and the Administration of Estates of Decedents and Others Act , N.J.S. Tue, 8 Jun 2004 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A-03-890&s=NE&d=28255 Kirsten W. appeals from an order of the separate juvenile court of Douglas County terminating her parental rights to Anthony V. Kirsten asserts that the juvenile court erred in finding by clear and convincing evidence that Anthony comes within the meaning of Neb. Rev. Stat. 43-292(2) and (10) (Reissue 1998) and in finding that termination of her parental rights serves Anthony's best interests. S Tue, 1 Jun 2004 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2004%20WI%2041&s=WI&d=27892 1. PATIENCE D. ROGGENSACK, J.This is a review of a published decision of the court of appeals that affirmed the judgment of the Circuit Court for Waukesha County, Lee S. Dreyfus, Jr., Judge, confirming Randy A.J. as the father of Selena J. 2. Norma I.J. and Brendan B. contend that the previous court decisions were erroneous because Brendan has a constitutionally protected interest in asserting Wed, 21 Apr 2004 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=03-03-00309-CV&s=TX&d=27745 Virginia K. Villarreal, Margarita V. Acevedo, David V. Acevedo, and Eduardo V. Acevedo challenge the trial court's revision of a judgment declaring heirship. After appellants' mother, Melba V. Acevedo, died intestate, the trial court declared appellants to be her only heirs. The decedent's stepson, Gerardo Acevedo, filed a bill of review, seeking to be declared her heir through equitable adoption. Thu, 1 Apr 2004 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2004%20OK%20CIV%20APP%2019&s=OK&d=27517 1 Jenifer Wyatt and Alden Ailey were the unmarried parents of H.E.W. who was born March 4, 2002. After the child's birth, Alden died while serving in the U.S. Navy. A guardianship proceeding ensued so that H.E.W., his only heir, could receive his personal belongings. Jenifer was appointed guardian of their child. Debra Yeary was Alden's mother (H.E.W.'s grandmother) and Sandra Ailey was Alden's gr Thu, 12 Feb 2004 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD62289&s=MO&d=27212 American Compressed Steel, Inc. and William Copeland appeal the denial of their motion to intervene in the family court case in which the court decreed the equitable adoption of Deric Lee Coon ("Deric") by decedent, Patricia Walker. We affirm the denial of intervention. Background Deric Coon is the six-year-old son of Christopher Coon. Deric's mother died when Deric was quite young. Christop Fri, 30 Jan 2004 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=03-503&s=AR&d=27076 This is an appeal of an order granting summary judgment in favor of Appellee Union Pacific Railroad Company (Union Pacific). Appellant Estate of Sharon Hull (the Estate) argues that the Conway County Circuit Court erred in dismissing with prejudice the Estate's claim for wrongful death. This case was certified to this court, pursuant to Ark. Sup. Ct. R. 1-2(b)(5), as an appeal involving the overru Thu, 15 Jan 2004 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=23421%20&s=HI&d=26901 On April 13, 2000, the respondents-appellants Hilda E. Rogers, Juliet R. Rogers, and Oleta Merseberg [hereinafter, collectively, "the respondents"] filed an interlocutory appeal from the order of the first circuit court, the Honorable Virginia L. Crandall presiding, denying the respondents' motion to dismiss or, in the alternative, for judgment on the pleadings and/or summary judgment [hereinafter Mon, 29 Dec 2003 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=02-2708&s=PA&d=26737 This controversy arises out of the tragic and fatalshooting of Donta Dawson ("Dawson" or the "decedent") inan encounter with officers of the Philadelphia PoliceDepartment. Dawson's biological father, Bobby McCurdy("McCurdy"), appeals the grant of summary judgment infavor of the defendants as to McCurdy's sole remainingclaim from an action brought pursuant to 42 U.S.C. 1983.McCurdy Thu, 18 Dec 2003 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=%2031432&s=WV&d=26724 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 evaluation Thu, 18 Dec 2003 00:00:00 CST