Paternity Law
 
James Cosgrove v. Mary Verna Hughes

This case presents issues concerning the nature of "acknowledgment" under the intestacy statute, General Laws c. 190, § 7, as amended through St.1993, c. 460, s 59, which provides in relevant part that:

"A person born out of wedlock whose parents have intermarried and whose father has acknowledged him as his child or has been adjudged his father under chapter two hundred seventy-three, cha

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Shelley A.E. Crombie v. Ian Williams

Shelley A. E. Crombie appeals from a “Final Judgment on Time Sharing,” denying her petition to relocate to Jacksonville with the minor child. Finding no abuse of discretion, we affirm but do so with instructions.

In September 2003, Crombie gave birth, out of wedlock, to NIW. A little over a year later, in November of 2004, Ian Williams petitioned against his exgirlfriend to establish pa

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Karen K. Capato v. Commissioner of Social Security

This case – a case that involves the rights of the posthumously conceived children of a deceased wage earner and his widow – requires us to consider the intersection of new reproductive technologies and what is required to qualify for child survivor benefits under the Social Security Act (the ―Act‖). It goes without saying that these technologies were not within the imagination, much less

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Dustardy H. v. Bethany H.

This case emphasizes once again the importance of finality in our justice system. In 2004, the circuit court erroneously granted Dustardy H. parental rights to Christian R. H., a child conceived via artificial insemination by Dustardy’s same-sex partner, Bethany H.[1] Four years later, after Dusty and Beth ended their relationship, Beth moved to void the parental rights order under Wis. Stat.

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Lou Ella Sherrill v. Bob T. Souder, M.D.

This medical malpractice suit was filed by Lou Ella Sherrill and her daughter, Barbara Pigg, against Bob T. Souder, M.D. and TransSouth Healthcare, P.C., a corporation in which Dr. Souder is the sole shareholder (hereinafter “the Defendants”). Ms. Pigg was dismissed as a party, but later filed a motion to amend the complaint to substitute herself as the plaintiff after Ms. Sherrill’s death.

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Jonathan Fish v. Celeste Torres Lebrie

Appellant Jonathan Fish and appellee Celeste Torres Lebrie are the parents of B.T., who was born in November 1998. When B.T. was born, Fish was seventeen and Lebrie was sixteen. B.T. and Lebrie lived with Lebrie's parents until 2006, when Lebrie and B.T. moved to the Dallas area with Lebrie's then-fiancé, whom she has since married. In 2002, Fish and Lebrie signed an agreed decree of paternity, w

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Joey Dale Dilbeck v. Dina Jo Dilbeck

¶1 Dina Jo Dilbeck (Mother) appeals a decision of the district court modifying joint custody and awarding custody of the couple's minor child to Joey Dale Dilbeck (Father). On review of the record and the applicable law, we vacate the district court's orders and remand this case with directions.

BACKGROUND

¶2 The parties were divorced in June 2005. There is one child of the marriag

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IN THE MATTER OF THE ADOPTION OF BABY BOY A

¶1 In this appeal, the appellant is the Oklahoma County Public Defender in his capacity as the attorney for the minor child and the appellees are the adoptive parents. The dispositive question is whether the district court abused its discretion in approving the adoptive parents' expenditures for fees, costs, and expenses in connection with the adoption. We answer in the affirmative and remand thi

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Jonathan Fish v. Celeste Torres Lebrie

Appellant Jonathan Fish and appellee Celeste Torres Lebrie are the parents of B.T., who was born in November 1998. When B.T. was born, Fish was seventeen and Lebrie was sixteen. B.T. and Lebrie lived with Lebrie's parents until 2006, when Lebrie and B.T. moved to the Dallas area with Lebrie's then-fiancé, whom she has since married. In 2002, Fish and Lebrie signed an agreed decree of paternity, w

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David Gray v. Ann Wood Shook

Appellant, David Gray, appeals the trial court's appointment of appellee, Ann Wood Shook, as sole managing conservator of his daughter, G.W. By one issue, Gray contends that the trial court abused its discretion because (1) Shook did not offer sufficient evidence of harm to overcome the parental presumption; (2) if the parental presumption was overcome, Shook did not establish harm by a prepondera

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Bani Chatterjee v. Taya King

{1} This case involves the issue of whether a non-parent has standing to assert a custody and/or visitation claim, absent a finding of unfitness of the natural or adoptive parent, under New Mexico statutory or case law. Petitioner Bani Chatterjee appeals the district court’s dismissal of her petition to establish parentage and determine custody and time sharing with regard to the adopted child o

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State of North Dakota and Paulette Gussiaas v. Shawn R. Neustel

[¶1] Paulette Gussiaas, now known as Paulette Albrecht, appeals from a judgment granting Shawn R. Neustel's motion to change primary residential responsibility for the couple's daughter from Albrecht to himself. We conclude the district court's finding that a material change in circumstances had occurred is not clearly erroneous. We further conclude the court's findings on whether a change in pri

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Christopher Allen Weber v. Lisa Marie Obrecht

Christopher Weber appeals a district court ruling denying his request for joint legal custody and placing legal custody of the parties’ minor son with Lisa Obrecht. Chris also appeals the court’s geographic restrictions on visitation and the court’s award of retroactive child-related expenses. Lisa cross-appeals seeking an award of trial court attorney fees. We affirm and decline to award at

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Eugene Wideman v. State of Colorado

Eugene Wideman, proceeding pro se, appeals the district court’s grant of summary judgment to the State of Colorado, Roslin Vigna, and Douglas Glover. He also asserts that he is appealing the district court’s denial of his Fed. R. Civ. P. 52(b) motion for amendment and request for a rehearing, but he does not support this assertion with argument. Hence, he has waived appellate review of the dis

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Terri L. Cope v. Rich Cope

¶1 Defendant/Appellant, Rich Cope (Father), appeals a summary judgment granted in favor of Plaintiff/Appellee, Terri L. Cope (Mother), determining that the parties' oral agreement waiving Mother's right to child support from Father was void and unenforceable, and awarding Mother a judgment against Father in the amount of $97,401.50 plus interest. After review, we reverse and remand with direction

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Cathy A. Tate v. Hari L. Wilburn

In 1991, the trial court entered an order directing Hari Wilburn to pay Cathy Tate $226 per month in child support for their child, A.B. After not having paid any of the ordered support nor having sought to set aside the order, in February 2008―more than 16 years later―Wilburn moved to set aside the order on the ground that the trial court had not made a finding that he was A.B.'s father prior

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Raymond G. Chapman v. Mark Barcus; Jodi Johnson Baker; Kevin Gassaway; Rosemarie L. Damilao

Raymond G. Chapman, appearing pro se, appeals the district court’s denial of his motion to vacate its order dismissing his case and its order awarding attorneys’ fees to defendants-appellants Jodi Johnson Baker, Kevin Gassaway, and Rosemary L. Damilao. We reverse and remand.

I.

Mr. Chapman’s lawsuit originated in an ongoing state-court paternity and custody matter. His theory o

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Volkswagen of America, Inc. v. Demerst B. Smit

In a prior appeal, this Court reversed a decision of the Commissioner of the Virginia Department of Motor Vehicles (“DMV”) finding that, during the period of October 1997 through March 1998, Volkswagen of America, Inc. (“Volkswagen”) violated Code § 46.2-1569(7) when it failed to supply certain high-demand models of vehicles imported by Volkswagen for distribution to its franchise dealers

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Rafael Flanagan v. Department of Human Resources

The Circuit Court for Baltimore City found, on 18 October 2007, the Petitioner, Rafael Flanagan (“Flanagan”), in constructive civil contempt for his failure to pay child support in accordance with a 1987 consent paternity and child support decree. Prior to the contempt finding, Flanagan filed a motion to dismiss the civil contempt petition, contending that the Circuit Court lacked personal jur

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Montana Shooting Sports Association, Inc. v. State of Montana

¶1 Montana Shooting Sports Association Inc. (MSSA), Gary S. Marbut (Marbut), Robert C. Clark (Clark), and Carol Latta (Latta) (plaintiffs referred to collectively as, “MSSA plaintiffs”) appeal the order of the District Court for the Fourth Judicial District, Missoula County, denying their request for a declaration that § 87-2-202(1), MCA, unconstitutionally infringes on the fundamental right

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Michael Warfel v. Universal Insurance Company of North America

Michael Warfel appeals a final judgment entered in favor of Universal Insurance Company of North America in a sinkhole insurance coverage case. Mr. Warfel is entitled to a new trial because the trial court should not have instructed the jury on an evidentiary presumption that impermissibly shifted the burden of proof to him. Accordingly, we reverse.

In March 2005, Universal issued an all-ri

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Dick Anderson Construction, Inc. v. Monroe Construction Company, L.L.C.

¶1 Monroe Construction Company, L.L.C. (Monroe Construction) and Monroe Property Company, L.L.C. (Monroe Property) appeal an order of the District Court for the Fourth Judicial District, Missoula County, granting Dick Anderson Construction, Inc.’s (DAC) motion to confirm an arbitration award, and denying Monroe Construction’s and Monroe Property’s motion to vacate or modify the award. Monro

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Joshua Richard Braunschweig v. Summer Rae Fahrenkrog f/k/a Summer Rae Frank

Appellee, Joshua Braunschweig, seeks further review of the court of appeals decision reversing the district court’s grant of his application to change the surname of the parties’ minor child. The court of appeals determined the matter was governed by the name change procedures under Iowa Code chapter 674 instead of the procedures for initial name determinations under Iowa Code chapter 598. We

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Jane Doe v. XYZ Co., Inc.

Jane Doe, the plaintiff, brought this equity action against the defendants XYZ Co., Inc. (XYZ), and its director, Bill Smith (Smith), seeking an order requiring them to disclose the name of a sperm donor reflected on XYZ's records as donor number D237 and whom we shall call D237. Doe claims that she was artificially inseminated in London, England, with D237's sperm and consequently bore twin daugh

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Dorothea Daniels v. Jonathan Greenfield, M.D., Jonathan Greenfield, M.D., P.A. and Tenet St. Mary's, Inc.

The personal representative of the estate of Shea Daniels appeals a summary judgment which determined that Daniels’s son, Javon Daniels, was not a survivor under the Wrongful Death Act, because at the time of Javon’s birth, his mother was married to another man, although the mother had not seen her husband for several years. We hold that under the unique circumstances of this case, the court e

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