[DOWNLOAD] "Dawn Maertz v. Darcella Maertz" by Supreme Court of Wisconsin ~ Book PDF Kindle ePub Free

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eBook details

• Title: Dawn Maertz v. Darcella Maertz
• Author : Supreme Court of Wisconsin
• Release Date : January 25, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Three and one-half years following the grant of an adoption decree, Plaintiff, the natural mother of the minor child, brought action to set aside the decree, which had been granted to Defendant, Plaintiffs mother, when the child was less than two months old. Plaintiff claimed that her consent was not voluntary and that the court lacked jurisdiction because the decree was prematurely granted. The trial court merged the action with the original adoption proceedings. It then held that the natural mothers consent was knowingly and voluntarily given and did not result from fraud, duress, coercion or misrepresentation. The court also took under advisement Plaintiffs claim that the court lacked jurisdiction because it granted the adoption before the child had lived in the home of the adopting parent for six months, as required by Utah Code Ann. § 78-30-14(7) (1987) (the "in home" requirement). After considering the matter, the court issued a final order in favor of Defendant, holding that the failure to wait six months did not invalidate the adoption. Plaintiff appealed, asserting her claim that the "in home" requirement is mandatory and jurisdictional. She has not contested the trial courts finding that her consent was voluntary.

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