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More About Nature, Cheating, and DNA

The Art of Divorce Blog has a great posting about this:
A new study by a dating website claims that nearly half of all spouses cheat. Although this number may be skewed on the high side given the demographics of those who use dating sites, there are probably a few who cheat that claimed not to do so. Although the studies vary, there are consistently reports over [...]

Taking Care of Business (and ourselves)

Sorry the .pdf link with Judge Potter's special Jury Instructions cannot be opened, which we referenced in the posting about Mike Runner yesterday. Will fix asap. Beginners goof-up. This is a good time to mention, however, that you may notice a slight slow down of posting in the next week, and to a lesser extent over the summer. Let me explain.

Nature or Nurture: More Comments

From Paul C. O'Bryan:
The Ct. of Appeals, in S.R.D. v. T.L.B., 174 S.W.3d 502 (Ky. App., 2005) discusses the theory of paternity by estoppel. I think the "best" chance (absent a new statute) is to argue that if a court can force a father from denying (when he is not the biological father) to get out of child support why can’t the mother be estopped from denying paternity (or “legal” paternity) of the only father the child has known for 8 years.

On The Passing Of E. Michael Runner

We were saddened by the death last week of our Louisville colleague, E. Michael Runner, a former AAML Fellow.
Mike was opposing counsel in an alienation of affection case early in my career, a tort which has, thankfully, since been abolished in Kentucky. It was quite a circus and Mike did a masterful job. Judge John W. Potter presided. While the jury was deliberating, Judge Potter handed us Alternate Jury Instructions. If you wonder why I saved these instructions all these years, you will just have to download and read them!

Volunteer Lawyers Needed by Legal Aid for Uncontested Divorces

Mike "Buck" Morris, Managing Attorney of the Legal Aid Volunteer Lawyer Program is seeking attorneys to help them. Here's the email I received for their program, "Pursuing Justice Restoring Hope">

Nature or Nurture Thread; Keep Those Comments Coming!

Sarah Almy, a Louisville family law attorney, in response to our "Nature or Nurture" posting on genetic testing, posted the following comment:

" I strongly agree with your position. A statutory amendment would be a helpful tool for attorneys facing the situation of a vindictive mom such as your hypothetical Mary who would be willing to traumatize her own child. Recently discovered your blog and it is terrific."

Relocation: A CA bill to codify Fenwick type Criteria for Move Withdrawn Due to Intense Opposition

A Califonia bill which would have permitted a primary residential parent to relocate a-la-Fenwick was withdrawn after more than 4,000 complaints. Here's the scoop from the
San Francisco Law Blog.

DNA Testing- Cheap

Stephen C. Knight of Nashville posted on his blog, Knight on Family Law, a source for cheap DNA testing, linking to an article in the Memphis Daily News and a testing company promising results in 48 hours, Test Express, Inc. In the "nature or nurture" discussion, it seems that nature is much cheaper and quicker to come by.

Nature or Nurture: Should Genetic Test Results Be Admissible To Rebut The Presumption Of Paternity?

John and Mary were a typical couple. Married for twelve years, they had an eight-year-old son, John, Jr. John had been ecstatic when Mary became pregnant and enthusiastically participated in the prenatal preparations. He attended Lamaze classes with his wife and converted his den into a nursery. He coached Mary in the delivery room and cut the umbilical cord. John's name appeared on the birth certificate as the father of the boy, who was named John, Jr. The father sleepily delivered his share of middle-of-the-night bottles and developed his diaper-changing skills. As the boy got older, Dad taught him to ride a bicycle, bait a hook and throw a baseball overhand. John coached peewee baseball teams and taught Sunday School classes. Father and son shared a deep emotional bond. John knew the marriage wasn't perfect, but the couple had never been separated and he never suspected she had been unfaithful. He was stunned when Mary announced she was leaving and was filing for divorce. He was even more surprised by her parting shot: "And by the way, you're not Junior's father!" John was about to discover that under Kentucky law, he could be relegated to the sidelines of his son's life and designated a" legal stranger" to the child he had nurtured since birth.

The presumption that a woman's husband is the father of children born into a marriage is one of the

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