In re Kyle F., a minor |
The issue presented by this appeal is whether an unwed father who could have been, but was not, charged with misdemeanor unlawful sexual intercourse, can for this reason alone be denied the right to withhold his consent to his child's adoption. Based on its interpretation of a footnote in Adoption of Kelsey S. (1992) 1 Cal.4th 816, the trial court concluded that the father, who was 18 when he ... More... $0 (10-06-2003 - CA) |
Kern County Department of Human Services v. Monica G. |
Appellant is the adult half-sister of Salvador, the subject of the instant juvenile proceedings. Appellant was living with her mother, Rosa, in September 1994 when Rosa gave birth to Salvador. At the time, appellant was 18 years old with a one-year-old daughter of her own, Maria. Salvador's father was a married man and Rosa never identified him to the family. She revealed only his first nam... More... $0 (09-15-2003 - CA) |
Carlos Smith and Bobbie Hinojosa Smith v. Texas Department of Protective and Regulatory Services |
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) |
Thomas Teseniar v. Lynda Spicer, f/k/a Linda Teseniar |
Thomas Teseniar challenges the superior court's modification of his child support obligation, claiming that the superior court lacked jurisdiction under the Uniform Interstate Family Support Act, erred by increasing his obligation without applying Alaska Civil Rule 90.3, and erred by making the increase retroactive to April 15, 1999. Teseniar also appeals the superior court's decision conc... More... $0 (08-01-2003 - AK) |
Brandywyn McElroy v. Albert Kennedy |
Albert Kennedy sued Brandywyn ("Bryn") McElroy for return of child support that he had paid. He lost the case. In a second lawsuit, Kennedy obtained a judgment against McElroy that required her to return child support she had received from Kennedy. McElroy challenges the denial of her motion to dismiss the second lawsuit. Because we agree with McElroy that res judicata should have acted as a b... More... $0 (08-01-2003 - AK) |
Carolyn Alfreda King v. Ralph Jordan |
Carolyn Alfreda King, the mother, contends that because the order granting custody of the parties' daughter to the father, Ralph Jordan, was entered in a dependency proceeding under chapter 39, Florida Statutes (1999), the trial court erred in applying the "extraordinary burden test" set forth in Gibbs v. Gibbs, 686 So. 2d 639 (Fla. 2d DCA 1996), in adjudicating her petition seeking primary ... More... $0 (07-30-2003 - FL) |
S.R., by next friend S.H.R. and S.H.R. v. K.M. |
K.M. (hereinafter, "Mother") appeals from the trial court's judgment finding paternity rests with S.H.R. (hereinafter "Father") with respect to S.R., their minor child, (hereinafter, "Child"), awarding Father sole physical and legal custody of Child, and ordering Mother to pay child support. Mother brings eleven points on appeal. We reverse and remand.(FN1) Mother and Father entered into a r... More... $0 (07-25-2003 - MO) |
Brenden P. Blechle, Garrett M. Blechle by next friend Todd J. Neel, and Todd J. Neel, Respondents v. Darla M. Poirrier and Missouri Division of Child Support Enforcement. |
At issue in this case is the ability of a trial court to change the surnames of minor twins in a declaration of paternity action, and its grant of tax dependency deductions to the biological father. We reverse and remand with directions. On March 4, 2000, Darla Mae Poirrier hereinafter, "Mother") gave birth to Brenden Paul Blechle and Garrett Michael Blechle (hereinafter, "the Children"). In... More... $0 (07-25-2003 - MO) |
Jim H. Hamilton, Jr. v. Crystal J. Campbell |
The attorney general filed suit to establish a parent-child relationship between appellant and his alleged biological daughter M.D. (1) Appellant, who was incarcerated and acting pro se, answered, stating his uncertainty about M.D.'s parentage. A DNA test showed a 99.9995 per cent probability that appellant was M.D.'s father. A pretrial order was signed by a court master on May 23, 2002, establ... More... $0 (06-19-2003 - TX) |
Lillian Susanne Wright v. David E. Lewis and America Airlines |
The Uniform Child Custody Jurisdiction Act (UCCJA) gives Florida courts personal jurisdiction over a nonresident parent to establish, enforce or modify child support orders, if the child resides in Florida "as a result of the acts or directives" of the nonresident parent. The issue in this case is whether the nonresident father, who merely acquiesced in his daughter residing in Florida, ... More... $0 (06-10-2003 - FL) |
Jhonson Barthelemy v. John D. Ashcroft |
Jhonson Barthelemy appeals a final order of removal issued by the Board of Immigration Appeals (BIA). In 1998, Barthelemy was convicted of unlawful sexual intercourse with a minor, in violation of California Penal Code § 261.5(a). Barthelemy concedes that, as a result of this conviction, he is an aggravated felon. See 8 U.S.C. § 1101(a)(43)(A). Because he is an aggravated felon, Barthelemy... More... $0 (05-23-2003 - CA) |
Pastor Tijerino v. Berlin P. Estrella |
A putative father does not have standing to seek to establish paternity of a child, where the child was born into an intact marriage, and where the married woman and her husband object to the paternity action. See Johnson v. Ruby, 771 So. 2d 1275 (Fla. 4th DCA 2000); I.A. v. H.H., 710 So. 2d 162 (Fla. 2d DCA 1998); G.F.C. v. S.G., 686 So. 2d 1382 (Fla. 5th DCA 1997). The presumption of t... More... $0 (05-01-2003 - FL) |
Robert LeSage v. Dirt Cheap Cigarettes and Beer, Inc. |
Robert LeSage, claiming to be the unwed father of Brandi Roussin's unborn child, brought this action for the wrongful death of the child, who died when Brandi Roussin was shot to death. The trial court dismissed LeSage's claim. The Court of Appeals, Eastern District, after opinion, transferred the case to this Court. This Court has jurisdiction. M O. C ONST. art. V, sec. 10. The judgment of the... More... $0 (04-22-2003 - MO) |
Steven V. v. Kelly H. |
1. VERGERONT, P.J. Kelley H. appeals the order terminating her parental rights to Alexander V. under Wis. Stat. § 48.415(4) (2001-02).1 She contends she is entitled to a reversal of that order and a remand for a jury trial because of two trial court errors: (1) the trial court used summary judgment procedure, thereby denying her a fact-finding hearing, a jury trial, and due process; and (2) t... More... $0 (03-13-2003 - WI) |
In The Matter of V.M.I. |
Appellant, Odelia Shirley Price, appeals from a judgment (1) declaring void and setting aside a 1994 decree ("the 1994 decree"), under which she had been made sole managing conservator of her great-granddaughter, V.M.I., in a suit affecting the parent-child relationship ("SAPCR"); See Tex. Fam. Code Ann. § 101.032(a) (Vernon 2002) (defining SAPCR). Close (2) dismissing the cause; ... More... $0 (03-13-2003 - TX) |
Estate of Thompson: DiBenedetto v. Jaskolski |
The five children and one grandchild of Kenneth Wright (a/k/a Kenneth Thompson or Kenneth Wright Thompson), who was the son of Frank J. Thompson (FJT), appeal from the circuit court order, following an evidentiary hearing in probate, concluding that they had failed to establish that they were the lawful heirs of their alleged uncle/granduncle, Frank B. Thompson (FBT).1 The appellants argue that... More... $0 (03-04-2003 - WI) |
In re the Marriage of Bryan and Shannon Loyd. Bryan Loyd v. Shannon Loyd |
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) |
Morris R. Glidden v. Nyoakla Lynn Conley |
Appellant Morris Glidden appeals from a Windham Family Court order denying his motion to reconsider the court's award of visitation rights to Lois Mech, the maternal grandmother of Glidden's biological daughter, Amanda. Glidden, whose parental fitness is unquestioned, argues that the court's order deprives him of his constitutionally-protected right to decide whether, and on... More... $0 (02-14-2003 - VT) |
Kodiak Island Borough v. Joan Roe, et al. |
A civil jury found two Kodiak Island Borough employees liable for intentional torts they committed against a resident at a borough-operated facility for developmentally disabled women. The jury also found the borough negligent for failing to prevent the employees' intentional torts. The trial court declined to permit the jury to allocate fault and apportion damages between the negligent and int... More... $1350000 (02-13-2003 - AK) |
In the Matter of the Adoption of Babby Girl G. |
ΒΆ1 The Choctaw Nation (Nation) and Anthony Noah (Father) appeal the trial court's decision declining to vacate its order terminating Father's parental rights and finding the child (Child), referred to here as Baby Girl B., eligible for adoption without his consent. Nation also appeals the trial court's decision which denied Nation's Motion For Placement of Child. 1 Upon review, this Court, affirm... More... $0 (02-11-2003 - OK) |
In re Estate of Snodgrass |
Petitioners, Christopher and Craig Parr, a/k/a Snodgrass, allege they are the natural children of decedent, Marlin L. Snodgrass. Their mother, Kaye Parr, was never married to decedent. Carl E. Parr (not a party to this lawsuit) is petitioners' adoptive father. Respondent, Larry Snodgrass, is decedent's brother and the executor of his estate. Petitioners filed an amended complaint contest... More... $0 (02-07-2003 - IL) |
Bruce L. Mowen v. Christine E. Holland, et al. |
Defendant, Christine E. Holland, f/k/a Christine E. Brown, appeals from a plenary order of protection entered by the circuit court of Brown County (No. 02-OP-3) for the protection of Jessica L. Mowen (born December 30, 1995), the daughter of defendant and plaintiff, Bruce L. Mowen. The circuit court of Brown County, on its own motion, at the time of entering the plenary order, transferred this cas... More... $0 (01-17-2003 - IL) |
Mowen v. Holland |
Defendant, Christine E. Holland, f/k/a Christine E. Brown, appeals from a plenary order of protection entered by the circuit court of Brown County (No. 02-OP-3) for the protection of Jessica L. Mowen (born December 30, 1995), the daughter of defendant and plaintiff, Bruce L. Mowen. The circuit court of Brown County, on its own motion, at the time of entering the plenary order, transferred this ... More... $0 (01-15-2003 - IL) |
In re the Paternity of M. R. |
We grant rehearing in this case solely to clarify our opinion in light of the arguments made by appellant Jalen Rose (Father) in support of his Petition for Rehearing. In all other respects, we reaffirm our original opinion. I. In our opinion, In Re Paternity of M. R., 778 N.E.2d 861 (Ind. Ct. App. 2002),we held, among other things, that the Indiana trial court in which Father f... More... $0 (11-21-2002 - IN) |
Donna Prato-Morrison, et al. v. Judith Doe, et al. |
Donna Prato-Morrison and Robert Morrison engaged the services of a fertility clinic, to no avail, and ultimately abandoned their efforts to conceive, believing their unused genetic materials would be destroyed. When the clinic later became the target of an investigation into its widespread misuse of genetic materials, the Morrisons (along with many others) sued the clinic and ultimately settl... More... $0 (10-30-2002 - CA) |
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