[Download] "State Ex Rel. Lewis v. Lutheran Social" by Supreme Court of Wisconsin ~ Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Lewis v. Lutheran Social
- Author : Supreme Court of Wisconsin
- Release Date : January 05, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
. This application for a writ of has been the subject of two prior opinions of this court. The detailed facts were set out in our first consideration of the petition. 1 In that opinion this court on a divided vote determined the natural father of a child born out of wedlock did not have any parental rights. The decision was appealed to the United States Supreme Court and, while on appeal, the United States Supreme Court in Stanley v. Illinois (1972), 405 U.S. 645, 92 Sup. Ct. 1208, 31 L. Ed. 2d 551, held that the father of children born out of wedlock did have parental rights. Our judgment in the instant case was vacated and the case remanded for further consideration in light of Stanley with due consideration for the completion of adoption proceedings and the fact that the child has apparently lived with the adoptive family for the intervening period of time. Rothstein v. Lutheran Social Services (1972), 405 U.S. 1051, 92 Sup. Ct. 1488, 31 L. Ed. 2d 786. In considering the remand, this court had the alternative of vacating the adoption and termination proceedings, dismissing the petition for a writ of , or determining whether there were factual problems concerning the alleged paternity of the petitioner Jerry D. Rothstein, his fitness as a father, and whether he should have custody. The court decided to have a factual hearing and referred the matter to the Honorable Byron B. Conway, County Judge of Wood county, as referee, to try the issues of: (a) Whether Rothstein was the father of John Thomas Lewis, (b) if so, whether he was fit to have custody, and (c) if he was fit, whether he should have custody.
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