California v. Superior Court (Smolin)
Brief

CitationCalifornia v. Superior Court of California, 482 U.S. 400, 107 S. Ct. 2433, 96 L. Ed. 2d 332, 1987 U.S. LEXIS 2605, 55 U.S.L.W. 4807 (U.S. June 9, 1987) Brief Fact Summary. Father and grandfather traveled to Louisiana and picked up his children without the knowledge of mother after attempts to enforce a custody decree failed. Mother instituted a criminal action for kidnapping, Father petitioned the California court to issue a writ of habeas corpus to prevent extradition. Synopsis of Rule of Law. The Extradition Clause leaves only four issues open for consideration prior to a fugitive ...

In Re Mendel
Brief

CitationIn re Mendel, 259 A.D.2d 6, 692 N.Y.S.2d 700, 1999 N.Y. App. Div. LEXIS 7788 (N.Y. App. Div. 2d Dep’t July 6, 1999) Brief Fact Summary. Attorney Mendel was found in contempt for failing to answer several deposition questions. She responded by claiming that she was privileged from answering based on attorney-client privilege, the attorney work product doctrine, and a lack of relevancy. Synopsis of Rule of Law. The attorney-client privilege prevents the disclosure of confidential communications made for the purpose of facilitating the rendition of professional legal services. T ...

Tropea v. Tropea
Brief

CitationTropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575, 1996 N.Y. LEXIS 300 (N.Y. Mar. 26, 1996) Brief Fact Summary. Two cases are analyzed in which the custodial parent requested permission from the court to move out of the area with the children in opposition to a custody order. In both cases the father appealed. Synopsis of Rule of Law. Rather than applying the three-step meaningful access exceptional-circumstances analysis, each relocation request must be considered on its own merits with due consideration of all the relevant facts and circumstances and with predomina ...

Gilman v. Gilman
Brief

CitationGilman v. Gilman, 78 N.H. 4, 95 A. 657, 1915 N.H. LEXIS 2 (N.H. 1915) Brief Fact Summary. Defendant moved with their child to Maryland. Plaintiff brought the child (his son) to Connecticut where he commenced a custody action. Defendant responded with a motion to dismiss based on lack of jurisdiction. Synopsis of Rule of Law. Under the Uniform Child Custody Jurisdiction and Enforcement Act, the court cannot assert jurisdiction unless the child has resided with parent in the state for six months prior to the commencement of the action. The Act also permits an exercise of jurisdictio ...

McMillen v. McMillen
Brief

CitationMcMillen v. McMillen, 529 Pa. 198, 602 A.2d 845, 1992 Pa. LEXIS 30 (Pa. Jan. 28, 1992) Brief Fact Summary. Father gained custody of his son partially based upon the son’s testimony that he preferred to live with his father. The Superior Court reversed the decision and returned custody to mother. Synopsis of Rule of Law. When the home of both the mother and the father are equally acceptable, the court should give weight to the custody preference of the child, so long as the preference is based on good reasons and the child is sufficiently mature and intelligent to express an op ...

Leary v. Leary
Brief

CitationLeary v. Leary, 97 Md. App. 26, 627 A.2d 30, 1993 Md. App. LEXIS 116 (Md. Ct. Spec. App. July 6, 1993) Brief Fact Summary. Appellant father contended that the trial court erred in failing to instruct the children’s counsel as to her duties. Synopsis of Rule of Law. Children’s counsel must serve various roles, varying between the attorney as guardian and advocate. ...

In Re Rebecca B
Brief

CitationIn re Custody of Rebecca B., 204 A.D.2d 57, 611 N.Y.S.2d 831, 1994 N.Y. App. Div. LEXIS 4603 (N.Y. App. Div. 1st Dep’t May 3, 1994) Brief Fact Summary. Mother petitioned to eliminate father’s overnight visitation and to require supervised visitation. Father cross-appealed for sole custody. Synopsis of Rule of Law. The testimony of mental health experts is helpful in determining child custody. In order to be properly informed the expert should meet with all parties involved in the custody hearing. ...

Troxel v. Granville
Brief

CitationTroxel v. Granville, 530 U.S. 57, 120 S. Ct. 2054, 147 L. Ed. 2d 49, 2000 U.S. LEXIS 3767, 68 U.S.L.W. 4458, 2000 Cal. Daily Op. Service 4345, 2000 Daily Journal DAR 5831, 2000 Colo. J. C.A.R. 3199, 13 Fla. L. Weekly Fed. S 365 (U.S. June 5, 2000) Brief Fact Summary. The paternal grandparents brought a petition requesting visitation of their granddaughters. The mother agreed to some visitation, but did not agree to the extended visitation requested. Mother appealed the court’s granting of visitation as unconstitutional. Synopsis of Rule of Law. The court’s presumption t ...

Alison D. v. Virginia M
Brief

CitationAlison D. v. Virginia M., 77 N.Y.2d 651, 572 N.E.2d 27, 569 N.Y.S.2d 586, 1991 N.Y. LEXIS 634 (N.Y. May 2, 1991) Brief Fact Summary. Petitioner brought a petition for visitation of the son of respondent, whom petitioner had helped to raise and care for during petitioner and respondent’s former lesbian relationship. Synopsis of Rule of Law. Under New York Domestic Relations Law, petitioner has no standing to seek visitation rights as a parent. ...

Bell v. Bell
Brief

CitationBell v. Bell, 794 P.2d 97, 1990 Alas. LEXIS 79 (Alaska June 22, 1990) Brief Fact Summary. Mother and Father married and produced one child from the marriage. The two separated, but alternated custody and cooperated in making most major decisions. The trial court awarded legal and physical custody of the child to Mother. Synopsis of Rule of Law. Alaskan statutory law favors joint legal custody when possible, regardless of the physical custody arrangement. ...

Hanke v. Hanke
Brief

CitationHanke v. Hanke, 94 Md. App. 65, 615 A.2d 1205, 1992 Md. App. LEXIS 206 (Md. Ct. Spec. App. Nov. 25, 1992) Brief Fact Summary. Mother protested a custody award that provided father with overnight visitation after father had been convicted of sexually molesting his stepdaughter and accused of molesting his daughter. Synopsis of Rule of Law. The court must provide suitable protection in the best interests of the child, and cannot use a custody award as punishment against one party. ...

Turner v. Turner
Brief

CitationTurner v. Turner, 919 S.W.2d 340, 1995 Tenn. App. LEXIS 815 (Tenn. Ct. App. Dec. 15, 1995) Brief Fact Summary. Mr. Turner appealed the trial court’s denial of his right to visitation based upon his failure to pay his child support obligation. Synopsis of Rule of Law. The court erred by denying visitation without a determination that Mr. Turner was financially able to support his children but refused to do so. ...

Rowe v. Franklin
Brief

CitationRowe v. Franklin, 105 Ohio App. 3d 176, 663 N.E.2d 955, 1995 Ohio App. LEXIS 2811 (Ohio Ct. App., Hamilton County June 28, 1995) Brief Fact Summary. Appellee father was granted custody based upon factors such as appellant mother’s frequent moves, work, attendance at law school, and conception of a second child with a man to whom she was not married. Mother appealed. Synopsis of Rule of Law. The best interests of the child standard requires an inquiry into the direct or probable effect of parental conduct on the physical, mental, emotional, and social development of the child, ...

Schumacher v. Schumacher
Brief

CitationSchumacher v. Schumacher, 1999 ND 149, 598 N.W.2d 131, 1999 N.D. LEXIS 164 (N.D. July 29, 1999) Brief Fact Summary. At a custody hearing, both parents (Coreen and Kurt) presented evidence of domestic violence. The court awarded custody of the marital child to Coreen. Synopsis of Rule of Law. North Dakota law creates a rebuttable presumption against awarding custody to a parent who has perpetrated domestic violence when the court found credible evidence that domestic violence has occurred if it is a pattern of domestic violence or involves serious bodily injury. ...

Abbo v. Briskin
Brief

CitationAbbo v. Briskin, 660 So. 2d 1157, 1995 Fla. App. LEXIS 10188, 20 Fla. L. Weekly D 2201 (Fla. Dist. Ct. App. 4th Dist. Sept. 27, 1995) Brief Fact Summary. At a custody proceeding a mother was ordered to not interfere in the development of her child’s Jewish religious training or upbringing based on an oral agreement between her and her husband prior to marriage. Synopsis of Rule of Law. The First Amendment prohibits the law from enforcing an unwritten agreement to raise a child in a certain faith, especially when it revolves around a good faith change in religious conscience. ...

Delong v. Delong
Brief

CitationDelong v. Delong, 56 Wis. 514, 14 N.W. 591, 1883 Wisc. LEXIS 395 (Wis. 1883) Brief Fact Summary. During custody proceedings, father produced testimony that demonstrated mother participated in homosexual activity. The court awarded sole custody of the children to father based on this activity. Synopsis of Rule of Law. A per se rule that a parent who engages in homosexual activity is unfit to be the custodian of his or her child is incompatible with the best interests of the child standard. A nexus approach whereby the relevant issue is not the nature of the parent’s sexual act ...

Baldridge v. Lacks
Brief

CitationBaldridge v. Lacks, 883 S.W.2d 947, 1994 Mo. App. LEXIS 1235 (Mo. Ct. App. July 26, 1994) Brief Fact Summary. Plaintiff testified that her attorney failed to adequately investigate in a divorce settlement and negligently encouraged her to settle. Plaintiff brought a malpractice suit against the attorney and his law partners. Synopsis of Rule of Law. The desire for the peaceful resolution of marriage dissolution cases and the policy against revisiting settled cases is not sufficient to disallow a malpractice action in a divorce settlement where the attorney was negligent. ...

Devine v. Devine
Brief

CitationDevine v. Devine, 20 N.J. Super. 522, 90 A.2d 126, 1952 N.J. Super. LEXIS 914 (Ch.Div. 1952) Brief Fact Summary. Appellee was given custody of her two children during a custody hearing based solely on the Alabama tender years presumption. Synopsis of Rule of Law. The tender years presumption fails scrutiny under the Fourteenth Amendment by placing an evidentiary burden on fathers that is not placed on mothers. ...

State Ex Rel. Mahony v. St. John
Brief

CitationState ex rel. Attorney Gen. v. St. John, 21 Kan. 591, 1879 Kan. LEXIS 37 (Kan. 1879) Brief Fact Summary. Wife brought a divorce decree in Washington where she formerly lived with her husband and child. Wyoming, the domicile of the husband, refused to honor the decree based on a lack of jurisdiction. Synopsis of Rule of Law. The UIFSA, as adopted by both states requires a state to honor decrees by foreign states so long as the foreign state’s assumption of personal jurisdiction over appellee was consistent with that state’s general laws of jurisdiction as well as the Unif ...

LeTellier v. LeTellier
Brief

CitationLetellier v. Letellier, 40 S.W.3d 490, 2001 Tenn. LEXIS 255 (Tenn. Mar. 27, 2001) Brief Fact Summary. Teresa, a resident of Tennessee, attempted to enroll a District of Columbia order and modify a child support award in Tennessee against a Steven, a resident of Virginia. He challenged the subject matter jurisdiction of the Tennessee Court. Synopsis of Rule of Law. A resident of Tennessee could not use the Tennessee courts to modify a support order issued in a foreign state against a nonresident of Tennessee. ...

Antonelli v. Antonelli
Brief

CitationAntonelli v. Antonelli, 242 Va. 152, 409 S.E.2d 117, 1991 Va. LEXIS 126, 8 Va. Law Rep. 906 (Va. Sept. 20, 1991) Brief Fact Summary. Father petitioned the court for a reduction in his child support payments after his salary decreased from a job change. The court reduced the payment, and the reduction request was denied on appeal. Synopsis of Rule of Law. The majority and dissent demonstrate two different views on of a voluntary change in job and consequential reduction in salary can amount to a material change warranting a reduction in child support obligation. ...

State v. Oakley
Brief

CitationState v. Oakley, 158 Wn. App. 544, 242 P.3d 886, 2010 Wash. App. LEXIS 2330 (Wash. Ct. App. Oct. 19, 2010) Brief Fact Summary. Petition was placed on probation for continued failure to pay child support, with a probation condition forbidding him from having any more children unless he proved that he could provide for the new children in addition to the previous. He petitioned for post-conviction relief contesting the condition. Synopsis of Rule of Law. The probation condition was narrowly tailored and furthered a legitimate state interest, and therefore was constitutional. ...

Kulko v. Superior Court
Brief

CitationKulko v. Superior Court of Cal., 436 U.S. 84, 98 S. Ct. 1690, 56 L. Ed. 2d 132, 1978 U.S. LEXIS 87 (U.S. May 15, 1978) Brief Fact Summary. Appellee separated from appellant and moved to California. After their children joined her in California, appellee attempted to bring a divorce suit in California against appellant, who still resided in New York. Synopsis of Rule of Law. In order to establish personal jurisdiction a defendant must have certain minimum contacts with the forum State so as not to offend traditional notions of fair play and substantial justice. ...

Downing v. Downing
Brief

CitationDowning v. Downing, 45 S.W.3d 449, 2001 Ky. App. LEXIS 41 (Ky. Ct. App. Apr. 6, 2001) Brief Fact Summary. Sharon filed a motion to increase Donald’s child support obligations as a result of a substantial increase in his monthly income. Synopsis of Rule of Law. This Court follows the Income Shares Model, under which a child should receive the same proportion o parental income that the child would have received if the parent’s had not been divorced. ...

Curtis v. Kline
Brief

CitationCurtis v. Kline (appeal of Dep’t of Pub. Welfare), 542 Pa. 249, 666 A.2d 265, 1995 Pa. LEXIS 925 (Pa. Oct. 10, 1995) Brief Fact Summary. Appellee challenged the constitutionality of an Act which allowed a court to order separated, divorced, or unmarried parents to provide equitably for educational costs of a child, even after the child has reached 18. Synopsis of Rule of Law. The Act violates the equal protection clause of the Fourteenth Amendment because it is not rationally related to a legitimate state interest. ...