Paternity Law
 
In re Interest of Anthony V., a child under 18 years of age, State of Nebraska v. Kirsten W..

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... More...   $0 (06-01-2004 - NE)

Rita Wheeler and Charles F. Wheeler v. Heidi J. Winters and Jason A. Winters.

Rita and Charles Wheeler Jr. appeal the trial court's dismissal of their petition for grandparent visitation rights. They contend that (1) the trial court erred in dismissing their petition because it had continuing jurisdiction over the child at the time they filed their petition and (2) the trial court erred in giving full faith and credit to a Kansas decree of stepparent adoption under the Unif... More...   $0 (05-25-2004 - MO)

State of Nebraska on behalf of Taylar Chae Pathammavong, a minor child v. Seangsouriyan Pathammavong, and Mandy J. Struebing

The appellant, Mandy Struebing (Mandy), and the appellee, Seangsouriyan Pathammavong (Sean), are the natural parents of Taylar Chae Pathammavong (Taylar), a minor child, who was born out of wedlock. Mandy appeals from an order of the district court for Saline County awarding permanent custody of Taylar to Sean.

I. BACKGROUND

Mandy gave birth to Taylar on August 25, 1... More...   $0 (05-24-2004 - NE)

JENNIFER L. HENRY v. ARNOLD J. SCHMIDT

�1 The issue before this Court is whether a sentence and a fine can be imposed for indirect contempt without allowing the accused to purge the sentence.1 We find the trial court was within its statutory authority to impose a sentence and fine for indirect contempt. However, the trial court erred in using a clear-and-convincing evidence standard rather than beyond a reasonable doubt and i... More...   $0 (05-18-2004 - OK)

Randy A. J. v. Norma I. J.

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 assert... More...   $0 (04-21-2004 - WI)

DEPARTMENT OF HUMAN SERVICES v. CHISUM

1 The Oklahoma Department of Human Services (DHS) appeals from an order granting Billy Jo Chisum's motion to vacate a support order that was based upon his execution of an affidavit of paternity. The trial judge concluded Chisum established a material mistake of fact under 10 O.S.Supp.1999 §70. We reject DHS' arguments that §70 may not be applied under the circumstances of this case and affirm ... More...   $0 (02-23-2004 - OK)

In re Interest of Kennith L., Jr., a child under 18 years of age, State of Nebraska v. Theresa H.

Theresa H. appeals the decision of the separate juvenile court of Douglas County terminating her parental rights as to her son, Kennith L., Jr. (Kenny), pursuant to Neb. Rev. Stat. § 43-292(2) and (7) (Reissue 1998), and finding that such termination would be in the best interests of Kenny. Theresa alleges that the juvenile court erred in (1) finding by clear and convincing evidence that Kenny cam... More...   $0 (02-20-2004 - NE)

Lillian Susanne Wright v. David E. Lewis

In our prior decision in this case, we concluded that Florida had no personal jurisdiction over the father, a resident of California, to enforce a California dissolution judgment. Wright v. Lewis, 849 So. 2d 379 (Fla. 4th DCA 2003). Prior to our reversal the father, who had not prevailed in the trial court, had paid attorney's fees and costs. Following our reversal, he filed a motion ask... More...   $0 (02-18-2004 - FL)

Linda Robinson Landwehr v. Raymond L. Landwehr.

Raymond L. Landwehr appeals from the judgment of the Circuit Court of Jackson County modifying his child support obligation to the respondent, Linda Robinson Landwehr.

The appellant raises eight points on appeal. We dismiss for failure to comply with the briefing requirements of Rule 84.04. (FN1)

Facts
On August 8, 1982, the respondent gave birth to a child, N... More...
   $5545 (02-13-2004 - MO)

State of Missouri ex rel., Candice Merriweather Barnett, Relator v. The Honorable Michael Mullen, Judge of the Circuit Court of the 22nd Judicial Circuit.

Relator, Candice Merriweather Barnett ("mother"), sought our preliminary order in prohibition to prevent enforcement of respondent's order requiring her and her daughter ("child") to submit to genetic testing. The order was entered in a new case challenging paternity filed by father ten years after a default judgment had been entered declaring him to be child's father. We issued a preliminary orde... More...   $0 (01-22-2004 - MO)

In re Interest of Mainor T. & Estela T.

On September 17, 2002, the Hall County Court, sitting as a juvenile court, entered an order terminating the parental rights of Mercedes S. to her minor children, Mainor T. and Estela T., pursuant to Neb. Rev. Stat. § 43-292(1) and (7) (Reissue 1998). The father of the children left the family shortly after Estela was born and is not a party to this action. Mercedes appeals the termination of her p... More...   $0 (01-16-2004 - NE)

Scott Bouchard v. Amy Frost, et al.

Scott Bouchard appeals from a judgment of the District Court (Rumford, McElwee, J.) denying his petition for retroactive nullification of an administrative order that required him to pay child support. Bouchard contends that he is not equitably estopped from receiving retroactive relief and is entitled to reimbursement, by the Department of Human Services, of the child support he paid between 199... More...   $0 (01-13-2004 - ME)

Michele Bishop v. Michael Freitas

Family Law - Paternity:

In this paternity action, the plaintiff mother, Michele Bishop, appeals from the trial court's findings and order concerning her motion to modify child support. We dismiss the appeal sua sponte for lack of a final judgment.

The following facts are relevant to the plaintiff's appeal. The plaintiff and the defendant, Michael Freitas, are the parents of a child bor... More...   $0 (01-07-2004 - CT)

The Estate of Earl Samuel Rogers, Jr.

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 [hereinaf... More...   $0 (12-29-2003 - HI)

Lindsie D. L. v. Richard W. S.

Lindsie D.L., (See footnote 1) a minor, by her next friend and legal guardian, Judy P., appeals the February 3, 2003, order of the Circuit Court of Grant County that dismissed what she styled as a "Petition or Motion for Visitation," in which she requested the circuit court to grant her the right to regular visitation with her minor half-sibling. We choose to treat this appeal as a petition ... More...   $0 (12-18-2003 - WV)

Odessa Brice, et al. v. The Estate of Allen White, et al.

Allen White died on September 20, 2002. Thereafter, Anthony Stewart, a first cousin once removed of the decedent, sought the issuance of letters testamentary in the probate division of the circuit court of Cook County. Letters testamentary were issued to Anthony Stewart pursuant to his affidavit of heirship indicating that Anthony Stewart, a/k/a Toni Stewart, and Jean Williams were decedent's h... More...   $0 (12-15-2003 - IL)

IN RE THE MARRIAGE OF PAULA E. DENGER and LANCE M. DENGER

Paula Denger appeals, and Lance Denger cross-appeals, from the provisions of their dissolution (divorce) decree. Paula contends the district court erred in granting Lance primary physical care of their minor children. Lance contends the district court erred in refusing to modify the decree to disestablish paternity of Paula's unborn child, conceived during the marriage. We affirm.

... More...   $0 (12-10-2003 - IA)

Jayne Steele and Mary Steele, Successor Copersonal Representatives of the Estate of Charles E. Steele II, deceased, appellants and cross-appellees, v. Rita C. Sedlacek, Personal Representative of the Estate of Lisa M. Sedlacek, deceased, appellee and cross-appellant.

This wrongful death action is before this court for a second time. In Steele v. Sedlacek, 261 Neb. 794, 626 N.W.2d 224 (2001), modified 262 Neb. 1, 626 N.W.2d 224, we reversed the decision of the Nebraska Court of Appeals, which had affirmed the trial court's denial of a motion for directed verdict. We remanded with directions to enter a directed verdict in favor of the estate of Charles E. Steele... More...   $0 (11-21-2003 - NE)

In re Christopher M., a Person Coming Under the Juvenile Court Law

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)

In re Karla C., a Person Coming Under the Juvenile Court Law.

In this consolidated matter, Karl C. and Roberta C. appeal the order declaring their daughter, Karla C., a dependent of the juvenile court under Welfare and Institutions Code1 section 300, subdivision (b), and removing her from parental custody. The parents contend the order must be reversed because the court's finding the notice requirements of the Indian Child Welfare Act (the ICWA) (25 U... More...   $0 (11-12-2003 - CA)

In the Matter of K.N.H., R.A.M. and C.M., Respondents v. C.A.M., Appellant.

The trial court entered a judgment and decree of adoption by which K.N.H. was adopted by R.A.M. and C.M ("Respondents"). The natural father, C.A.M. ("Appellant"), appeals claiming that the trial court erred because Appellant did not consent to the adoption and the evidence was insufficient to establish that he had willfully abandoned and/or neglected K.N.H. for six months immediately preceding ... More...   $0 (10-30-2003 - MO)

Suzan K. Casteel v. Johnson M. Davidson

In this child support case, we address whether and to what extent an inheritance may be included in a parent's gross income for purposes of determining child support obligations. The trial court concluded that the principal of an inheritance can be included in gross income, but only to the extent that the beneficiary relies on the principal as a source of income. The remainder of the principal,... More...   $0 (10-24-2003 - CO)

Debra Diane McCabe, now Lindsay v. Keith Michael McCabe

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)

State of Oklahoma, Department of Human Services v. Quinto Harold Overstreet

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)

In re the Matter of Cody Christian Emig, by and through his next friend, Gary Bryan Emig, and Gary Bryan Emig, Individually v. Amy Nichole Curtis.

Motions to modify child custody and child support were filed by Ms. Amy Nicole Curtis and Mr. Gary Bryan Emig. The motion court ordered that the parties have joint legal and physical custody of their son, Cody Christian Emig, with Mr. Emig having custody of Cody for a greater amount of time. Also, Mr. Emig was ordered to pay Ms. Curtis child support. We reverse.

I.
More...
   $0 (10-14-2003 - MO)

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