Latest 6 Cases This Week: In re Adoption of Baby Girl G. (Kan.), Teske v. Teske (Me.), In re Welfare of Children of J.D.T. (Minn.)

The Future of Faithless Electors and the National Popular Vote Compact: Part Two in a Two-Part Series

VIKRAM DAVID AMAR

In this second of a two-part series of columns about the U.S. Supreme Court’s recent decision in the “faithless elector cases, Illinois Law dean and professor Vikram David Amar describes some good news that we may glean from those cases. Specifically, Amar points out that states have many ways of reducing elector faithlessness, and he lists three ways in which the Court’s decision paves the way for advances in the National Popular Vote (NPV) Interstate Compact movement.

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Impoverishing Women: Supreme Court Upholds Trump Administration’s Religious and Moral Exemptions to Contraceptive Mandate

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s recent decision upholding the Trump administration’s religious and moral exemptions to the contraceptive mandate of the Affordable Care Act (ACA). Grossman provides a brief history of the conflict over the growing politicization of contraception in the United States and argues that the exemptions at issue in this case should never have been promulgated in the first place because they have no support in science or public policy.

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In re Adoption of Baby Girl G.

Court: Kansas Supreme Court

Docket: 121051

Opinion Date: July 10, 2020

Judge: Eric S. Rosen

Areas of Law: Constitutional Law, Family Law

In this appeal from the termination of Father's parental rights consequent to an adoption, the Supreme Court affirmed the opinion of the court of appeals affirming the termination, holding that the district court correctly terminated Father's parental rights and that Father's constitutional challenge to Kan. Stat. Ann. 59-2136 was not preserved for review. In his petition for review, Father challenged the factual basis for the termination order and also challenged, for the first time, the constitutionality of Kan. Stat. Ann. 59-2136(h)(1)(D), on which the termination was based. The Supreme Court affirmed, holding (1) this Court declines to address the constitutional issue because it was raised neither in the district court nor in the court of appeals; and (2) the court of appeals correctly upheld the district court's finding that Father failed to support the mother during the last six months of her pregnancy without reasonable cause excusing the lack of support.

Teske v. Teske

Court: Maine Supreme Judicial Court

Citation: 2020 ME 98

Opinion Date: July 14, 2020

Judge: Ellen A. Gorman

Areas of Law: Family Law

The Supreme Judicial Court vacated the portion of the judgment of divorce denying Sarah Teske's request to change her name and otherwise affirmed the judgment, holding that the court's rationale for denying the name change was erroneous. Tegan Teske filed a complaint for divorce from Sarah. Sarah filed an answer and counterclaim but did not request that the court change her name. Before a final hearing, each party submitted a proposed judgment to the court. Sarah's proposed judgment included a provision changing her name to her former name, Sarah Chagnon. The court subsequently entered a divorce judgment that did not change Sarah's name. The Supreme Judicial Court remanded with instructions to amend the judgment to provide that Sarah Teske's name be changed to Sarah Chagnon, holding that the trial court erred in not granting Sarah's request to change her name to her former name.

In re Welfare of Children of J.D.T.

Court: Minnesota Supreme Court

Docket: A19-1253

Opinion Date: July 15, 2020

Judge: Chutich

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court denying Appellant's petition to voluntarily terminate her parental rights to her two young children after Grant County filed a petition for involuntary termination, holding that a parent's voluntary petition does not supplant a county's petition for involuntary termination of parental rights. After the County filed a petition for involuntary termination of Appellant's parental rights to her two children. Three days before trial, Appellant filed a petition for voluntary termination of her parental rights to her children for good cause. The district court denied the voluntary petition, finding that Appellant did not demonstrate good cause for the termination. The court of appeals affirmed. The Supreme Court affirmed, holding that the plain language Minn. Stat. 260C.301 shows that the Legislature did not contemplate that a parent's petition for voluntary termination would automatically supplement an earlier-filed involuntary petition.

Tyler F. v. Sara P.

Court: Nebraska Supreme Court

Citation: 306 Neb. 397

Opinion Date: July 10, 2020

Judge: Funke

Areas of Law: Family Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court awarding joint legal and physical custody of J.F. to Sara P., Tyler F., and Geoffrey V., holding that the district court committed plain error in considering Geoffrey's paternity complaint while failing to give proper legal effect to Tyler's acknowledgment of paternity. Sara gave birth to J.F. and represented to Tyler that he was J.F.'s father. Tyler signed an acknowledgment of paternity when J.F. was born. Tyler later filed a complaint to establish paternity, custody, and parenting time seeking joint legal and physical custody of J.F. After a DNA test excluded Tyler as the biological father, Geoffrey filed a complaint to establish paternity seeking that physical and legal custody be placed with Sara subject to his and Tyler's visitation rights. After the case was remanded, the district court awarded legal and physical custody of J.F. until the end of that year, at which time all three parties were awarded joint legal and physical custody. The Supreme Court reversed in part, holding that the district court committed plain error in considering Geoffrey's complaint to establish his paternity of J.F. when Tyler's acknowledgment remained in place and established Tyler as J.F.'s father.

In the Matter of Matthew & Robin Kamil

Court: New Hampshire Supreme Court

Docket: 2018-0700

Opinion Date: July 10, 2020

Judge: Gary E. Hicks

Areas of Law: Civil Procedure, Family Law

Petitioner Matthew Kamil (Husband), appealed, and respondent Robin Kamil (Wife) cross-appealed various circuit court orders in their divorce action. The parties were married in September 2007 and had two children. Husband filed for divorce in 2015, and Wife cross-petitioned. Husband was awarded temporary primary residential responsibility for the children and Wife was awarded supervised visitation. The court also appointed a parenting coordinator. By March 31, 2017, “the parenting evidence was that [Wife] was not allowing the therapeutic reunification plan to succeed.” The court nevertheless continued to order supervised visitation for Wife at a visitation center, and, in January 2018, the court “appointed Tracey Tucker to serve in an evaluative, structured, scripted reunification capacity, focusing on the children’s needs to have safe and appropriate contact with their mother.” After only four sessions, Tucker cancelled the reunification work “when [Wife] made some impulsive and inappropriate comments to [her].” At that point, Wife’s supervised contact with the children ended. Meanwhile, the court held a series of hearings to determine the authenticity and enforceability of a prenuptial agreement executed by the parties approximately one month prior to their wedding. The court ultimately found the prenuptial agreement unenforceable. In October 2018, the circuit court issued a final divorce decree. After choosing a February 2015 asset valuation date, the court awarded Husband the marital residence, awarded Wife the entirety of her Roth IRA, and equitably divided the remaining assets between them. To effectuate the equitable division, Husband was ordered to pay Wife $1,011,359.88. After review, the New Hampshire Supreme Court concluded Husband failed to meet his appellate burden of demonstrating reversible error with respect to all the issues he raised on appeal. The Court concurred with Wife that with respect to the supervised parenting time visits with Ms. Tucker: while the the trial court had already ordered a plan, it also gave Tucker the sole discretion to determine when and if the parties would resume following that plan. This constituted an improper delegation of judicial authority, and the Supreme Court vacated that portion of the final decree. The matter was remanded for further proceedings.

Leedom v. Leedom

Court: South Dakota Supreme Court

Citation: 2020 S.D. 40

Opinion Date: July 15, 2020

Judge: Jensen

Areas of Law: Family Law

The Supreme Court affirmed the order of the circuit court holding that David Leedom's obligation to pay Cindy Leedom monthly alimony in the amount of $3,000 was continuing until modified by the court, that David pay Cindy the accrued alimony of $87,000, and that David's ongoing alimony obligation was $1,750 per month, holding that the circuit court did not err or abuse its discretion. In 2004, the divorce court ordered David to pay Cindy $3,000 in monthly alimony. In 2017, after he reached the age of social security eligibility, David stopped paying alimony. Cindy filed a motion to restore alimony, alleging that David was obligated to pay lifetime alimony of $3,000 monthly. The circuit court ordered David to pay the accrued alimony of $87,000 to Cindy and reduced David's ongoing alimony obligation to $1,750 per month. The Supreme Court affirmed, holding (1) the circuit court did not err by determining that the original alimony award did not terminate upon David reaching the age of social security eligibility; and (2) the circuit court did not abuse its discretion when it modified the terms of the alimony obligation.