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eBook details

• Title: In re Marriage of Ross
• Author : Supreme Court of Kansas
• Release Date : January 29, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The opinion of the court was delivered by Robert Lewis Ross and Charles Allan Austin appealed the
district court's determination under the Kansas Parentage Act,
K.S.A. 38-1110 et seq., that Charles is the biological father
of R.A.R., a minor child born November 6, 1982, during the
marriage of Sylvia K. Ross and Robert. The Court of Appeals
affirmed the judgment of the district court, holding that: (1) an
evidentiary hearing on the best interests of the child need not
precede a paternity determination; (2) the guardian ad litem was
not equitably estopped from denying Robert's paternity; (3) the
divorce decree did not render the claim of parentage res
judicata; (4) the doctrines of equitable adoption, equitable
parenthood, and adoption by estoppel are not followed in Kansas;
and (5) the district court did not err by admitting blood test
evidence pursuant to K.S.A. 38-1118. In re Marriage of Ross,
13 Kan. App. 2d 402, 772 P.2d 278 (1989). Robert filed a petition for
review, which this court granted. We agree with holdings (2)-(5) and affirm the Court of Appeals'
judgment in that regard, without repeating the bases for those
holdings in this opinion. See 13 Kan. App. 2d at 407-10. We
reverse with regard to holding (1) and explain our disagreement.

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