FAMILY LAW CASES
Dubay v. Wells
In re B.D.
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U.S. 6th Circuit Court of Appeals, November 06, 2007
Dubay v. Wells, No. 06-2107
In an action brought by a father challenging the constitutionality of the Michigan Paternity Act and related laws, arising from circumstances in which defendant-mother told plaintiff she was infertile and using birth control, but she became pregnant with his child, had the baby, and sued for and was awarded child support, dismissal of plaintiff's case and an award of attorney's fees for defendants is affirmed as: 1) applying rational basis review, the Michigan Paternity Act does not violate plaintiff's right to equal protection; and 2) there was no abuse of discretion in the award of attorney's fees. The circuit court declines to award defendants costs and attorney's fees for the appeal of the case.
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California Appellate Districts, November 07, 2007
In re B.D., No. C053745
Order of juvenile court dismissing petitions is reversed where the the trial court erred in failing to consider witness statements in light of the corroborating evidence.
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