Wednesday, November 26, 2014

Michael H. v. Gerald D. afterwards

Michael H. v. Gerald D., 491 U.S. 110 (1989)
I have now read this case twice, once in Family Law and once in Constitutional Law.  Justia has the opinion that can be read here for free.  https://supreme.justia.com/cases/federal/us/491/110/

The case amazes me, mainly because there is DNA genetic evidence that the husband is not the girl's biological father.  In each class discussion the question of what would be different if this had been a divorced mother whose daughter had visitation to her dad compared to what happened here?
In 1989 maybe the definition of family was different than it is now, but divorce and shared custody was occurring at this time.

In any case, the aftermath is what usually interests me.
While I think I found the mother and who the husband and daughter are, it is not appropriate to post their photos or information here.  At the time this happened the girl was a child and her privacy should be respected.
However, what impresses me was that Michael kept fighting to see his daughter, and the court continued to rule against him. (http://articles.latimes.com/1992-06-21/magazine/tm-1114_1_supreme-court)

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