Showing posts with label family law. Show all posts
Showing posts with label family law. Show all posts

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)

Friday, February 14, 2014

City of Ladue v. Horn, 720 S.W.2d 745 (Missouri, 1986) - what started it?

If you have been in Family Law you probably read this case about a zoning ordinance that defined what a family is and said that Horn and the man she was living with (but not married to) did not fit this definition.  Well, if you are like me you probably wondered what would have started this case.
Did a neighbor complain?
Did the police just do a random spot check?
Was this a family that was always getting in trouble and the neighbors wanted them out of the area?
Who paid the legal fees to take it this far?
Looking at the date you would hope it wasn't a racial discrimination, issue.  Looking at the area and the what research was going on at a nearby university at the time you would think this area would be a little more liberal and welcoming of diverse families.  Nope!
What is believed to be the cause follows below.
Joan Kelly Horn's white daughter was dating a St. Louis Football player, who was black.  He would come and spend time at the family's home and a neighbor was upset that in an affluent white neighborhood a black man was playing in the yard with Jones and Horn's children.  Both Jones and Horn worked at the university and knew several lawyers with the ACLU, and it was the ACLU who paid the legal costs.
Please see attached link and read pages 197-199 for the full background on the story.
If the link does not work you can find the information in the book Not Just Roommates: Cohabitation After the Sexual Revolution by Elizabeth H. Peck.  I found it on Google Books.

Sadly, as of the Spring of 2014 this ordinance is still on the books and Jones and Horns with their children living in the house would still be violating it. Please see the link below and read page 65 to see what the City of Ladue defines as a family.
http://www.cityofladue-mo.gov/uploads/Ordinances/Ordinance1175.pdf 


On a happier note Joan Kelly Horn was elected to The House of Representatives