2 Mother appeals a denial of her motion to modify an award of custody of her
3 child, M, from her father and stepmother (grandparents) to her. She asserts that the trial
4 court erroneously applied ORS 109.119(2)(c) to this proceeding or, alternatively, if the
5 court properly applied ORS 109.119(2)(c), that statute is unconstitutional as applied to
this circumstance.1 6 She furthe... More...   $0 (02-13-2013 - OR)

In this marital dissolution appeal, we cut through a jurisdictional jungle to determine whether the Douglas County District Court, the Lancaster County District Court, or the Douglas County Juvenile Court had jurisdiction over the action. After the Douglas County District Court dismissed the original dissolution action for lack of prosecution, the appellant, Richard L. Molczyk, Jr., moved to reins... More...   $0 (01-25-2013 - NE)

Christopher Hawxby challenges the district court’s refusal to change the physical care arrangement for his three-year-old son. Christopher sought to modify the stipulated custody decree when MeKenzie Hans announced her plan to move with their son from Polk County to Sioux Falls, South Dakota. On appeal Christopher contends the custodial parent should bear the burden to show moving to another jur... More...   $0 (01-24-2013 - IA)

[¶1] Dawn Kirby appeals a district court order denying her motion to modify primary residential responsibility without an evidentiary hearing. We reverse and remand, concluding Kirby made a prima facie case for modification, warranting an evidentiary hearing.

I

[¶2] Kirby and Brian Sweeney are the parents of D.L.K., who was born in 2004. Kirby and Sweeney were not married and n... More...   $0 (01-23-2013 - ND)

¶ 1. ROBINSON, J. This case requires us to consider the constitutional rights of a putative biological father who seeks an order of parentage when a court has already issued a parentage order determining the minor child’s parents. We conclude that Vermont’s parentage statute does not authorize a court to allow a second parentage action involving a particular child brought by or ... More...   $0 (01-20-2013 - VT)

The plaintiff, Colleen Colbert, appeals from the judgment rendered by the trial court in this paternity action that she brought against the defendant, Charles N. Carr. The plaintiff claims that the court improperly (1) denied her request for attorney’s fees, (2) failed to award three years of child support retroactive from the date of the filing of her petition to establish paternity and (3) ref... More...   $0 (01-10-2013 - CT)

Benjamin Royce Clayton, Jr., appeals the judgment of the Circuit Court of Clay County modifying child custody and child support. He argues that the trial court erred in modifying the parenting time schedule and the child‟s residential designation for educational and mailing purposes, and in improperly shifting the burden of proof. Finding no error, we affirm.

Factual and Procedural Backgr... More...   $0 (01-02-2013 - MO)

This is an employment discrimination case, specifically pregnancy discrimination. It is an unusual case in several respects, including that the interactions between plaintiff and defendant‟s representatives were relatively brief, over a period of less than four months; save for four in-person interviews or meetings and a handful of telephone calls, those interactions were all via email; and plai... More...   $0 (12-28-2012 - CA)

We conclude that the trial court erred in denying the appellant’s petition to disestablish paternity. He proved by unrebutted scientific evidence that he was not the biological father of the two children born during his marriage to the appellee. Consequently, he has no enforceable legal obligation to make child support payments to the appellee. See Daniel v. Daniel, 695 So. 2d 1253 (Fla. 1997). ... More...   $0 (12-17-2012 - FL)

We conclude that the trial court erred in denying the appellant’s petition to disestablish paternity. He proved by unrebutted scientific evidence that he was not the biological father of the two children born during his marriage to the appellee. Consequently, he has no enforceable legal obligation to make child support payments to the appellee. See Daniel v. Daniel, 695 So. 2d 1253 (Fla. 1997). ... More...   $0 (12-17-2012 - FL)

Appellant Sharon Ann Gribble, individually and in her capacity as guardian of the person and estate of Michael Ray Gribble, her disabled adult son, sued Michael’s alleged biological father, appellee Brent Allen Layton, for a determination of parentage and child support. Layton moved to dismiss the suit on statute-of-limitations grounds and, alternatively, on the grounds that Sharon lacked standi... More...   $0 (12-07-2012 - TX)

In this appeal, we consider whether a suit for non-dispositive administrative consolidation of several trusts, filed by guardians of a partially incapacitated person pursuant to Section 112.054 of the Texas Property Code, triggered an in terrorem1 clause in the wills creating the trusts, thus resulting in a forfeiture of the ward’s interest in the trusts. We affirm.

BACKGROUND

The... More...   $0 (12-01-2012 - TX)

Appellant, Jessica Bhan, challenges the trial court’s August 4, 2010 order, entered after a jury trial, appointing Danet and Kranz as the sole managing conservators of Bhan’s minor child.1 In her first two issues, Bhan contends that the evidence is legally and factually insufficient to support the jury’s finding that her appointment as sole managing conservator would significantly impair the... More...   $0 (11-30-2012 - TX)

In this Anti-SLAPP Law1 case, the trial court determined plaintiff's complaint, which alleges a single defamation cause of action, arises from defendant's exercise of her constitutional right of free speech and that plaintiff failed to establish a probability he would prevail on those claims. We agree with the trial court that plaintiff's claims arise from the exercise of defendant's right of free... More...   $0 (11-08-2012 - CA)

William B. Fazio ("Father") appeals from the trial court's judgment on Father's Motion to Modify the child custody provisions of an Amended Judgment of Paternity from a Wisconsin court, later registered in Missouri, establishing joint legal custody of the parties' minor child, ("Daughter"), between Father and Stacey L. Wolf ("Mother"). Mother has filed a motion to strike Father's brief and dismiss... More...   $0 (10-23-2012 - MO)

¶2 Father is the biological parent of M.V. and C.V., born August 2006, and August 2009, respectively. On November 23, 2009, Child Protective Services (CPS) received a report that Mother and C.V. tested positive for marijuana at C.V.’s birth.

When the CPS case manager initially assigned to the case met with Mother, Mother admitted that she had used drugs during the first sixteen weeks of ... More...   $0 (10-23-2012 - AZ)

Christopher Ehrhardt sued to terminate a parent-child relationship with C.E. under Texas Family Code section 161.005(c). That section permits a man who was not married to the mother of the child to terminate the parent-child relationship, provided he meets the statutory criteria for seeking genetic testing, and the test results foreclose paternity. See TEX. FAM. CODE ANN. § 161.005(c) (West Supp.... More...   $0 (10-05-2012 - TX)

Jimmy Clark ("Father") appeals from a Judgment entered in the Circuit Court of Clay County in an action to establish the paternity of his daughter, T.C.C. Father challenges the trial court's decisions related to custody, visitation, and child support.

While Father's second point on appeal is meritorious and requires amendment of the judgment, his remaining points lack merit, and a formal, p... More...   $0 (09-18-2012 - MO)

There are two corporate Fluors involved in this writ proceeding. We consider whether one Fluor corporation can assign its rights under several liability insurance policies to another Fluor corporation as a result of a complex corporate restructuring. The liability insurer objects based on the Fluors‟ failure to secure its approval under the consent-to-assignment clauses in the insurance policies... More...   $0 (08-30-2012 - CA)

In this case, appellant Shaun Tyler Smith and respondent Tiffany Smith accuse each other of drug addiction and abuse of the judicial process in an ongoing fight for custody of their son. Shaun1 appeals from two orders.

Shaun appeals from an order refusing to destroy certain family court records that contain references to his juvenile records, and redacting any references to his juvenile r... More...   $0 (08-26-2012 - CA)

Pamela Rochelle Kinney and Charles Patrick Batten had a brief relationship that produced a child, born in December 2005. After a paternity test confirmed that Batten was the father, the Texas Attorney General’s Office began this suit to establish child support. The trial court entered temporary orders designating Kinney as the sole managing conservator, requiring Batten to pay monthly child supp... More...   $0 (07-19-2012 - TX)

Alejandro Marquez appeals from a child support order mandating that he pay current and retroactive child support to Lorenza Moncada, on behalf of their two minor children. See TEX. FAM. CODE ANN. §§ 233.001–.029 (West 2008 & Supp. 2011). Marquez contends that (1) insufficient evidence supports the trial court’s determination of child support payments, (2) the trial court erred in denying his... More...   $0 (07-12-2012 - TX)

Mark O. Wilson (Father) and Tamara S. Bodine (Mother) had a child prior to their marriage. The sole issue presented in this appeal is what effect, if any, does the act of marriage have on a prior child custody support order entered in a paternity action when the child‟s parents were unmarried. The trial court ordered Father to pay child support arrearages for a period of time before the marriage... More...   $0 (07-06-2012 - CA)

Appellant Roy Anthony Frazer Jr. filed suit in Brazoria County to adjudicate parentage and conservatorship of a child born in California. Kendra Hall, the mother of the child, filed a special appearance and plea to the jurisdiction. The trial court granted Hall’s special appearance and plea to the jurisdiction. On appeal, Frazer argues the trial court abused is discretion in declining to e... More...   $0 (06-15-2012 - TX)

{1} Several months after being granted sole legal and physical custody of Patrick D. (Child), Brian D. and Peggy D. (Grandparents) filed a petition for guardianship and custody pursuant to the Kinship Guardianship Act (the Act), NMSA 1978, §§ 40-10B-1 to -15 (2001). Julie Ann D. (Mother), Grandparents’ daughter, consented to the guardianship, but Freedom C. (Father) opposed it. After an eviden... More...   $0 (05-30-2012 - NM)