Logourl black
From our private database of 14,000+ case briefs...

In re Adoption of B.M.W.

Supreme Court of Kansas
2 P.3d 159 (Kan. 2000)


Facts

A trial court granted the divorce of B.M.W.’s mother and father, awarded joint legal custody of B.M.W. to both the mother and father, and ordered the father to pay monthly child support. The mother had primary physical custody, while the father had liberal and reasonable visitation. The mother later married B.M.W.’s stepfather. The father consistently failed to pay child support and was subsequently found to be in contempt by the family court. The father’s jail sentence was suspended on the condition that the father make future child-support payments. Thereafter, the father made only sporadic child-support payments. The stepfather filed a petition to adopt B.M.W. At a hearing on the adoption, the stepfather argued that the father had failed to pay a substantial portion of child support for the care of B.M.W. and had knowingly failed or refused to assume parental duties for a period of two years preceding the filing of the adoption petition. The family court found that the father had paid 86 percent of the child support owed during the two years prior to the filing of the petition. Additionally, the family court found that, even though the father had failed to provide affection and care to B.M.W. and only paid a portion of the court-ordered child support, the father’s consent was required before the stepfather could adopt B.M.W. The family court denied the petition, and the stepfather appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Lockett, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.