Wednesday, December 8, 2010
Agnostic dad appeals child custody decision based on religion
On August 6, 2008, PCDCS filed its pre-dispositional report with the trial court, which indicated under the sub-heading "Parental History" that "paternity has not yet been established for [Father]." (Appellant's App. p. 31). The report later indicated, however, that J.O.'s family formerly "consisted of [J.O.] and his parents. The father is currently in Lake County Jail . . . ." (Appellant's App. p. 33). Nevertheless, Father was not made a party to the CHINS proceedings, he was not offered and/or referred for reunification services, he was not provided with a copy of the pre-dispositional report, and he was never advised that a dispositional hearing had been set for August 19, 2008.
Santa Ana - A panel of California appellate court justices today ruled that a 2-year-old girl at the center of a child custody battle between a south Orange County foster mother and the girl's birth father in Ohio should stay in California as the case is sorted out.
SANTA FE, N.M. (AP) - The state Court of Appeals has ruled the same-sex partner of an adoptive mother can't seek custody of the couple's child but may request visitation.
A divided court decided Wednesday that New Mexico laws provide no legal right for a Santa Fe-area woman to bring a lawsuit asking for custody of the child, who was adopted by her partner during their 15-year relationship.
The court's majority said the state's custody law applies to biological or adoptive parents, and third parties - such as the unmarried partner of an adoptive parent - can't seek child custody unless the parent is unfit.
Judge Michael E. Vigil dissented, saying a partner should be able to seek custody when a parent-child bond has formed.