Paternity Law
 
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)

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)

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)

Jack Michael Walker, et al. v. Jennifer Renee Campbell and Kevin Eugene Campbell

Appellants Jack Michael Walker ("Father"), and Jack L. and Stella Walker ("Grandparents") appeal the granting of the petition for the adoption of Father's natural son filed by Jennifer Renee and Kevin Eugene Campbell, the child's mother and her husband ("the Campbells"). We reverse.

Issue

The dispositive issue may be restated as whether Indiana's adoption statutes which have op

More...   $0 (05-24-1999 - IN)

IN RE: THE PETITION OF ROBERT JEFFRIES and JUDY JEFFRIES, his wife, for the adoption of REBECCA L. JEFFRIES

In this adoption case we are asked to determine whether the Circuit Court of Fayette County, in a final order dated December 11, 1997, erred in its holding that the biological father of a child did not abandon the child. The appellants, the individuals who have cared for the child since her birth and who are seeking to adopt her, allege that the appellee, the child's father, has failed to prov

More...   $0 (12-14-1998 - WV)

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)

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 ADOPTION OF C.D.M.

1 Two issues are presented: 1) whether a father who was denied visitation and who was incarcerated for stalking and assaulting the mother and violating a victim's protective order (VPO) which was entered to protect the child and its mother from the father's acts of violence may rely on court orders to excuse his lack of relationship with the child; and 2) whether sufficient evidence was present

More...   $0 (12-05-2001 - OK)

the Matter of Baby Girl L.

1 This is a custody dispute between a married couple desiring to adopt, who have had custody of an infant child since a month after her birth, and the child's unmarried natural father, who has sought custody during that time. The adoption failed by reason of (1) the father's refusal to consent (the natural mother originally gave her consent) and (2) in an earlier appellate case relating to this

More...   $0 (07-01-2002 - OK)

In the Matter of Baby Girl L. S.C., Appellee v. J. L., Defendant and D. M. and B.M. Putative Adoptive Parents, Appellants.

This is a custody dispute between a married couple desiring to adopt, who have had custody of an infant child since a month after her birth, and the child's unmarried natural father, who has sought custody during that time. The adoption failed by reason of (1) the father's refusal to consent (the natural mother originally gave her consent) and (2) in an earlier appellate case relating to this c

More...   $0 (08-01-2002 - OK)

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)

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)

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)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher