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Supreme Court of Delaware


Smith v. Smith, 232, 2005

An appeal from a joint custody award and a finding that petitioner was a de facto parent in a custody dispute involving children who were born during a relationship between two mothers is dismissed pursuant to the "acceptance of the benefits" doctrine where respondent, a biological mother of triplets, accepted child support benefits from petitioner for the triplets.

Appellate Information

  • Decided 03/09/2006
  • Published 03/09/2006

Judges

  • HOLLAND, Justice:, Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Lois J. Dawson, Wilmington, DE, for appellant., Christine K. Demsey, Wilmington, DE, amicus curiae for Professor Joan Heifetz Hollinger., Drewry Nash Fennell, American Civil Liberties Union of Delaware, Wilmington, DE, for American Civil Liberties Union, American Civil Liberties Union of Delaware, Children and Families First, and The Delaware Coalition Against Domestic Violence.

  • For Appellees:
  • Suzanne I. Seubert, Wilmington, DE, for appellee.
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