Paternity Law
 
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

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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

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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,

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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

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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

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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

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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

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Haley v. Haley

Jana Haley ("Mother") appeals from the trial court's decision to grant Kent Haley's ("Father") Petition to Modify Custody of their daughter, D.H. She presents several issues for our review, which we restate as:

(1) whether the evidence established that a change in custody was justified;

(2) whether the trial court erred in establishing the visitation order;

(3) whether the trial court

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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

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Rochelle Harbour v. Roger G. Melton

Defendant Roger G. Melton (Roger) appeals from an order of the circuit court of Macoupin County finding him in contempt for removing his minor child, Nicholas Gifford (born June 26, 1999), from Illinois without prior approval of the court or the child's mother, plaintiff Rochelle Harbour (Rochelle). As a sanction, Roger was directed to pay Rochelle's attorney fees. Temporary custody of Nicholas

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Kelly Shermach v. Joseph Brunory (Riley Brunory-Minor)

Petitioner Kelly Shermach appeals from several orders entered by the circuit court of Cook County on respondent Joseph Brunory's petition for modification of custody of their minor son, Riley Brunory. Although Kelly raises a number of issues on appeal, we conclude that the orders from which she appealed were not final and appealable. For that reason, we grant the Office of the Cook County Publi

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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

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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;

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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

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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

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Mejia v. Reed

In this appeal, we are called upon to decide whether a marital property division may be subject to fraudulent transfer law. Resolving that issue requires us to harmonize two independent statutory schemes, one that governs fraudulent transfers and another that controls property division on divorce.

After analyzing the relevant statutes and reviewing other persuasive authority, we conclude t

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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

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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

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DeEtta O. Martin v. James S. Brock

Plaintiff, DeEtta O. Martin (Mother), appeals the trial court's judgment ordering Defendant, James S. Brock (Father), to pay [55 P.3d 1096] child support only from the date of filing of Mother's petition to establish Father's paternity of the couple's child, and denying Mother attorney fees and costs. The primary issue on appeal is whether the trial court erred by failing to award child support

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Stronger v. Sorrell

Three years after the trial court awarded custody of the parties’ minor children to the mother, the father filed a Trial Rule 60(B) motion to set aside the judgment on grounds of fraud on the court. The trial court denied the motion, and the Court of Appeals reversed. Having previously granted the mother’s petition to transfer, we now affirm the trial court.

Facts and Proce

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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

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Jill Skillett v. Ruben Sierra

This is a domestic action which is complicated procedurally and contains issues appealed by both parties.

Ruben Sierra and Jill Skillett resided together and were the natural parents of B.S. Skillett had two other daughters from a previous marriage, J.S. and L.S.

In September 2000, Skillett filed a petition under the Protection From Abuse (PFA) Act, K.S.A. 60-3101 et seq., against Si

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Marshall D. Sanders v. Jonna R. Smith and E.R.S.

Jonna R. Smith ("Mother") appeals the trial court's judgment entered on September 14, 2001 denying her motion to modify an earlier judgment entered on April 22, 1999 upon a stipulation by the parties ("stipulated judgment") in a paternity action initiated by Marshall D. Sanders ("Father").(FN1) In its judgment, the trial court issued a temporary order granting Father "phase-in" visits with the chi

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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

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Herdrich Petroleum Corp. v. Radford, et al.

Appellants Herdrich Petroleum Corporation, WhyNot Group, Inc., Jan Hackleman, William J. Herdrich, Jeff Herdrich, and Robert Herdrich (collectively "Herdrich") and Shell Oil Company ("Shell Oil") See footnote appeal from a trial court order allowing Dennis Dixon and Kimberly Dixon, individually and as parents of Brittany and Casey Dixon ("Dixons"), and Samuel Creech, Terri Paddock, and Byron Close

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