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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/alifm0031 and id is 1 raw text is: 





         PRINCIPLES OF THE LAW OF FAMILY

                                 DISSOLUTION





                               CHAPTER 3. CHILD SUPPORT

         TOPIC  2. ESTABLISHING THE AMOUNT OF A CHILD-SUPPORT AWARD

§ 3.10 Determining Child-Support Obligations When  a Nonparent  Exercises Residential or
Custodial Responsibility

Mass.2016. Cit. in ftn.; com. (c) cit. in ftn. In a dispute between two female former partners of a non-
marital relationship, plaintiff sued defendant, who was the biological parent of two children born during
the relationship through in vitro fertilization with plaintiff s full acknowledgment, participation, and
consent, seeking a declaration of parentage under a state statute providing that a man was presumed to
be the father of a child born out of wedlock if he, jointly with the mother, received the child into their
home  and openly held the child out as theirs. The trial court granted defendant's motion to dismiss.
Reversing and remanding for further proceedings, this court held that a person could establish himself or
herself as the presumptive parent of a child even in the absence of a biological relationship with the
child. The court rejected defendant's argument that the purpose of the statute could be ensured through
the adjudication of plaintiff as a de facto parent, citing the Principles of the Law of Family Dissolution §
3.10 in noting that a de facto parent was not afforded all of the privileges of a legal parent. Partanen v.
Gallagher, 59 N.E.3d 1133, 1141.



                            CHAPTER 6. DOMESTIC PARTNERS

                            TOPIC   1. SCOPE  AND   OBJECTIVES

§ 6.01 Scope

111.2016. Com. (a) cit. in conc. and diss. op. Former partner of a same-sex relationship filed an action to
partition the family home she shared and jointly owned with other partner; defendant counterclaimed for
sole title to the home and an interest in plaintiff s share of a business. The trial court partitioned the
home  but dismissed defendant's counterclaims based on a prior Illinois Supreme Court decision, which
held that unmarried cohabitants were precluded from bringing claims against one another to enforce
mutual property rights where, as here, the rights asserted were rooted in a marriage-like relationship
between the parties. The court of appeals vacated in part and remanded the counterclaims. This court
vacated and reversed that portion of the decision, and affirmed the judgment of the trial court. The
concurring and dissenting opinion cited Principles of the Law of Family Dissolution § 6.01 in arguing
that defendant's counterclaim for an interest in plaintiff's business could proceed on a restitution theory,
and that the decision relied on by the trial court had to be overruled because it was outmoded and out of




           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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