Paternity Law
 
Esther Anderson, Principal of Benson & Anderson, P.C. v. Meggin McCormick a/k/a Meghan McCormick, Administratrix of the Estate of Marilyn R. McCormick a/k/a Marahlyn R. McCormick, Deceased

This is a consolidated appeal of an award of attorney’s fees in two related cases. Both cases arose out of a boating accident in which Marilyn McCormick was killed, her minor son, G.M.M., was injured but survived, and the driver of the boat, James Pitcock, also survived. In the aftermath of the accident, litigation arose regarding the guardianship of G.M.M. and the administration of McCormick’

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MICHELE MARIE WERNECKE, INDIVIDUALLY AND AS PARENT, GUARDIAN AND/OR NEXT FRIEND OF JOEW, A MINOR AND JOSHUA EDWARD WERNECKE v. W-BAR RANCHES, LTD., E&M RANCHES, LTD, AND 3JKC INVESTMENTS, LTD.

This is an appeal from a summary judgment granted in a declaratory judgment

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action. Appellee limited partnerships W-Bar Ranches, Ltd., E&M Ranches, Ltd., and 3JKC Investments, Ltd. (“W-Bar,” “E&M,” and “3JKC,” respectively), sought a declaration that the partnership agreements governing those entities should be rescinded as to Joshua Edward Wernecke,1 a minor who was na

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Eric Carson Wynn v. Heather Johnson

In 2000, Eric Carson Wynn was convicted of aggravated sexual assault pursuant to his plea of guilty. Wynn v. State, No. 06-12-00103-CR, 2012 WL 4350440, at *1 (Tex. App.—Texarkana Sept. 24, 2012, pet. ref’d) (mem. op., not designated for publication). The “supporting evidence included Wynn’s DNA recovered from the person of the victim.” Id. Wynn believes DNA testing “of the child born

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Joseph Hevey v. Margaret Hundley

Joseph Hevey, in his capacity as co-trustee of the Will Slip 2011 Trust, appeals the trial court’s order dismissing Trust claims related to a marriage that occurred thirty-six years ago between Dale C. Bullough and appellee Margaret Hundley. Because we conclude a 2004 final decree of divorce bars the Trust’s claims, we affirm.

The summary judgment evidence shows the following. In 1977,

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William Andrew Allen v. Tina Marie Bauer Allen

William Andrew Allen appeals pro se the trial court’s final decree of divorce. In three issues, he challenges the trial court’s refusal to file his initial pleading, division of property, and failure to establish paternity. For the reasons that follow, we affirm the trial court’s divorce decree.

FACTUAL AND PROCEDURAL BACKGROUND

William and Tina, 1 who is also acting pro se in

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In re the Marriage of Anna and Clark Woolsey

In this marital dissolution case, appellant Clark Woolsey persuaded respondent Anna Woolsey to participate in a church-sponsored reconciliation session that turned into a mediation1 of issues regarding division of property, support, and custody of their two children. The mediation resulted in a marital settlement agreement that divided the community property, permanently waived Anna‘s2 entitleme

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In the Interest of I.I.G.T., a child v. ATTORNEY GENERAL, SUEYAN OLIVETTE TALON

This appeal concerns the standing of a person not related to the child to bring a suit affecting the parent-child relationship (SAPCR). The trial court granted the child’s mother’s plea to the jurisdiction and dismissed Roderick Alexander’s suit to establish conservatorship. In his sole issue on appeal, appellant contends the trial court erred by granting Mother’s plea to the jurisdiction.

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Barry Vincent Brewer, Jr. v. Kymar Carter

A father appeals from a California court order finding Illinois to be a more convenient forum to resolve certain child custody issues.1 Father contends the trial court made the order without providing the parties an opportunity to present evidence as required under Family Code section 3427.2 We hold that before a court determines that California is an inconvenient forum to resolve custody issues,

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J.D.C. v. M.E.H.

J.D.C., the Father, appeals a final judgment of paternity entered in his suit against M.E.H., the Mother. Although we find no error in the parenting plan the trial court fashioned, we agree with the Father that the trial court erred in concluding that the Father engaged in vexatious litigation by challenging the findings and conclusions in a social investigation report. In addition, the trial cour

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Adoptive Couple v. Baby Girl

This case is about a little girl (Baby Girl) who is classified as an Indian because she is 1.2% (3/256) Cherokee.Because Baby Girl is classified in this way, the South Carolina Supreme Court held that certain provisions ofthe federal Indian Child Welfare Act of 1978 required her to be taken, at the age of 27 months, from the only parentsshe had ever known and handed over to her biological father,

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In the Interest of I.M., A.M. and C.M., Minor Children

The juvenile court terminated parental rights to three children. The mother, father, and maternal grandmother appeal. The mother and father argue the State failed to prove the grounds for termination of their parental rights. The children’s maternal grandmother, an intervenor, argues the children should be placed with her. Clear and convincing evidence supports termination of the mother’s and

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Emory Ward, Jr. v. Mary Beth Robinson

This is an appeal from an order denying a mother and her spouse’s petition to terminate the father’s parental rights.

I. Background Facts and Proceedings

Mary Beth Robinson and Emory Ward had a child in 2005 who, at all times, lived with Mary Beth. The parents went their separate ways, with Mary Beth eventually marrying Dominic Robinson.

In 2011, Ward filed a petition to e

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In the Interest of T.G., A.G. and A.H., Children

T.G. appeals the termination of his parental rights to his child, T.G.2.1 T.G. raises one issue on appeal. We affirm.

BACKGROUND

T.G. and J.H. are the parents of T.G.2., who was born on May 2, 2006. On December 10, 2010, the Department of Family and Protective Services (the Department or CPS) filed a petition for protection of T.G.2., A.G., and A.H. (the children), for conservatorshi

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Gloria Gurka and Eric Brock v. Tracy Gurka

This appeal is from the trial court’s determination that Tracy Gurka is the biological father of Shane Gurka. Shane allegedly drowned while at the residence of appellants Gloria Gurka and Eric Brock.1 Tracy filed a wrongful death action against appellants.2 Appellants contested Tracy’s standing to file such a claim, i.e.,

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1 Gloria Gurka is Tracy Gurka’s m

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A.A.B. v. B.O.C., Jr.

A.A.B., the biological mother of C.D.B., appeals from the final judgment of paternity which grants B.O.C., the biological father, parental rights with respect to the child, who was conceived through artificial insemination. She also appeals from the orders establishing a parenting plan and child support. Because under section 742.14,

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Florida Statutes (2002), B.O.C. is a spe

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John Garren v. Anne Oliver

John Garren, the father, seeks review of a final judgment of paternity. He raises several issues, only one of which has merit. The father argues, and we agree, that the trial court erred in failing to reduce the father’s child-support

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obligation under section 61.30(11)(b), Florida Statutes (2011),*

AFFIRMED in part; REVERSED in part; and REMANDED. based on the time-s

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In The Interest of K.R.G., a child

Appellants Mother and Father separately appeal the termination of their parental rights to K.R.G. We affirm.

II. Procedural Background

K.R.G. was born on November 11, 2005, and her brother A.G. was born on July 4, 2010. The Department of Family and Protective Services (DFPS) filed its original petition in this case on July 29, 2010, with regard to both K.R.G. and A.G., listing

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Robert M. Underwood v. Crystal D. Mallory

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

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Hoang Dinh Duong, M.D. v. Olivia Ziadie

Francis Ziadie suffered brain damage and permanent disability when Dr. Duong punctured his carotid artery during a catheterization procedure. Dr. Duong moved for a new trial after discovering two jurors did not disclose prior litigation experience during jury selection. Our supreme court has established a three-part test for determining whether a juror’s nondisclosure of information warrants a n

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Richard L. Molczyk v. Kerrie K. Molczyk

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

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Mekenzie Lynne Hans v. Christopher Ryan Hawxby

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

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Brian L. Sweeney v. Dawn M. Kirby

[¶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.

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[¶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

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Bradley Columbia v. Buffy Lawton

¶ 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

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Benjamin Royce Clayton, Jr. v. Geri Ann Sarratt

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

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Colleen Colbert v. Charles N. Carr

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

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