Assignment Due on Nov. 29 Family Law - also is Review for Eval #4


Challenge to the termination of parental rights and the adoption of a child by a third party 

Cases                                                                               FL Statutes                                                                                  

  63.032 **63.042 [see below]    63.0425 

In Re Baby M    537 A.2d 1227 (N.J. 1988)

Issue. Is the surrogacy contract enforceable, and if not, who should gain custody of Baby M?

Adoption of Kelsey S   823 P.2d 1216 (Cal. 1992)                             

Issue. Is a natural father’s federal constitutional rights violated if his child’s mother is allowed to unilaterally preclude him from obtaining the same legal right as a presumed father to withhold his consent to his child’s adoption by third parties?

In Re Lisa Diane G 537 A.2d 131 (R.I. 1988)

Issue. Does the Family Court have jurisdiction to grant the relief requested by the plaintiffs? 

* * * Regarding **63.042 (3): READ
AND Note:  

 Adoption issues continued: Read this article and come prepared to discuss how the Missouri State Supreme Court will rule on this issue.               "State court weight case that decides fate of 4 year old boy adopted by Carthage couple" at this web address: [if you are REALLY interested, the link at the end of the article brings you to the Case Summary and the Case Briefs presented by both appellee and apellant.]

4.         How May Marriage be Terminated?            Divorce            Annulment            Legal Separation 

Cases                                                                                                             FL Statutes                                                                                                61.021  61.043    61.052(1)(a)(b)

Florida Bar v Dunagan 731 So.2d 1237 (Fla. 199)

Did the referee err in finding that Dunagan’s representation of William in the divorce proceeding after having represented the couple in matters relating to their business presented a conflict of interest? Did the referee err in finding that Paula did not consent to Dunagan’s representation of William? Did the referee err in concluding that Dunagan’s letters to the police and city attorney violated rule 4-1.9(b)? Was the recommended discipline of a ninety-one-day suspension too harsh?

Haymes v Haymes  646 N.Y.S.2d 315 (App. Div. 1996)

Issue. Does a relatively brief attempt at reconciliation require plaintiff to forfeit an otherwise facially valid cause of action for divorce                                                                                                                                                                                                                                                         

5.         What are a Spouse’s Rights and Duties upon Termination of Marriage?            Alimony            Property Division – in Equitable States                        And in Community Property States            Child Custody            Child Support 

Cases                                                                                                             FL Statutes                                               

61.075 (1) (a-j),  61.08 (1) (2), (3), (4),    61.13 (1) (a-c),    61.29                                                61.30(6)-look over Guideline Schedule,   61.501-UCCJEA,                                                 751.04 [procedural due process],   752.01,  

Pohlmann v Pohlmann703 So.2d 1121(Fla. Ct. App. 1997) 

Issue. Did the trial court err in finding that the Child Support Guidelines were constitutional and that he failed to demonstrate a substantial change in circumstances 

Kulko v Superior Court 436 U.S. 84 (1978)

Issue. Did appellant have sufficient minimum contacts with California to allow California to assert personal jurisdiction over him in this matter?

Child Custody, Child Support                                                                                 

 McMillen v. MicMillen 602 A.2d 845 (Pa. 1992)

Issue. Did the Superior Court err in overruling the custody order of the trial court?   

Troxel v Granville 530 U.S. 57 (2000)                                                            

 Issue. Does the Washington statute allowing any person to petition for visitation rights at any time infringe on the liberty interest of parents in the care, custody, and control of their children? 

6.         How May Family Law Be Modified by Contract            Premarital Agreements                                                           Separation Agreements            Cohabitation Agreements      FL Statute  61.079 (1 – 7)