Cited by
Opinions in Louisiana that cite Smith v. Cole, 553 So. 2d 847.
- Karen Cohen Kinnett Versus Jarred Brandon Kinnett La. Ct. App. 5th Cir. 2020
- State of Louisiana, Department of Children and Family Services, in the Interest of A.L. v. Thomas Robert Lowrie 167 So. 3d 573 La. 2015
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Marcus Miller v. Harold Thibeaux,lafayette Parish School Board and American Alternative Insurance Corporation
159 So. 3d 426
La. 2015
The defendants cite the following jurisprudence as additional authority for the contention that an allegation of a biological relationship by a father to his illegitimate child is not enough to constitute an avowal action and that a father must also allege that he had maintained an “actual relationship” with his child: Parker v. Buteau, 99-519 (La.App.
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State, Department of Social Services ex rel. P. B. v. Reed
52 So. 3d 145
La. Ct. App. 1st Cir. 2010
This filiation proceeding does not illegitimate the child, but rather establishes both the child’s legal and biological father, which is referred to as “dual paternity.”
- Craig A. Hebert v. Lawrence W. Blanchette La. Ct. App. 3d Cir. 2009
- Hebert v. Blanchette 2 So. 3d 1259 La. Ct. App. 1st Cir. 2009
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J.M.Y. v. R.R.
La. Ct. App. 3d Cir. 2008
(La.1989), this court held that the failure of the husband of the mother of the child to exercise his right to disavow paternity timely established the child as his legal and legitimate child.
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Jmy v. Rr
1 So. 3d 725
La. Ct. App. 3d Cir. 2008
this court held that the failure of the husband of the mother of the child to exercise his right to disavow paternity timely established the child as his legal and legitimate child.
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J.M.Y. v. R.R.
1 So. 3d 725
La. Ct. App. 1st Cir. 2008
this court held that the failure of the husband of the mother of the child to exercise his right to disavow paternity timely established the child as his legal and legitimate child.
- Wrm v. Hcv 951 So. 2d 172 La. 2007
- State ex rel. Department of Social Services v. Howard 898 So. 2d 443 La. Ct. App. 1st Cir. 2004
- DEPT. OF SOCIAL SERVICES v. Howard 898 So. 2d 443 La. Ct. App. 1st Cir. 2004
- Brandon J. Mouret v. Roxsan Godeaux La. Ct. App. 3d Cir. 2004
- Mouret v. Godeaux 886 So. 2d 1217 La. Ct. App. 3d Cir. 2004
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Gallo v. Gallo
861 So. 2d 168
La. 2003
(La.1989), this court held that the failure of the husband of the mother of the child to exercise his right to disavow paternity timely established the child as his legal and legitimate child.
- State Ex Rel. Wilson v. Wilson 855 So. 2d 913 La. Ct. App. 2d Cir. 2003
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YOLANDA v. Robert
775 So. 2d 1107
La. Ct. App. 3d Cir. 2000
the supreme court said: Through the presumption of Article 184, which extends to all children born or conceived during the marriage, and the expiration of the peremptive period of Civil Code art. 189, Donel is conclusively presumed to be Smith's legitimate offspring.
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Jones v. Rodrigue
771 So. 2d 275
La. Ct. App. 1st Cir. 2000
Specifically, the Louisiana Supreme Court articulated the duty of a biological father in instances where another person also claims paternity: *280 The presumed father's acceptance of paternal responsibilities, either by intent or default, does not enure to the benefit of the biological father.
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Mason v. Kansas City Southern Ry. Co.
769 So. 2d 1249
La. Ct. App. 5th Cir. 2000
5th Cir. 1989); affirmed , (La.1989).
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State, Department of Social Services, Office of Family Support ex rel. Munson v. Washington
747 So. 2d 1245
La. Ct. App. 2d Cir. 1999
State v. Williams, supra.
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STATE, DEPT. OF SOC. SERV. v. Washington
747 So. 2d 1245
La. Ct. App. 2d Cir. 1999
State v. Williams, supra .
- Bolden v. Rodgers 746 So. 2d 88 La. Ct. App. 5th Cir. 1999
- Modisette v. Phillips 736 So. 2d 983 La. Ct. App. 2d Cir. 1999
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T.D. v. M.M.M.
730 So. 2d 873
La. 1999
3 Cir.), writ den., (La.
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Td v. Mmm
730 So. 2d 873
La. 1999
3 Cir.), writ den., (La.
- Mata v. Mata 712 So. 2d 252 La. Ct. App. 5th Cir. 1998
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M.M.M v. M.M.M.
703 So. 2d 730
La. Ct. App. 1st Cir. 1997
( for an excellent discussion of the evolution of the concept of dual paternity in Louisiana law.)
- Demery v. Housing Auth. of New Orleans 689 So. 2d 659 La. Ct. App. 4th Cir. 1997
- Geen v. Geen 666 So. 2d 1192 La. Ct. App. 3d Cir. 1995
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Smith v. Dison
662 So. 2d 90
La. Ct. App. 4th Cir. 1995
In support he relies on *94
- Prudential Insurance Co. of America v. Smith 657 So. 2d 1369 La. Ct. App. 1st Cir. 1995
- State v. Guichard 655 So. 2d 1371 La. Ct. App. 1st Cir. 1995
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Ebey v. Harvill
647 So. 2d 461
La. Ct. App. 2d Cir. 1994
concerned only a biological father's exception of no cause of action and did not address whether the legal father must be joined.
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Putnam v. Mayeaux
645 So. 2d 1223
La. Ct. App. 1st Cir. 1994
the court indicated that biological fathers who meet certain prerequisites have a right of avowal despite the presumption in LSA-C.C.
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Venture v. Transportation Underwriters
634 So. 2d 4
La. Ct. App. 3d Cir. 1994
art. 927; Robinson v. North American Royalties, Inc.
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State, Department of Social Services v. Shano
631 So. 2d 1263
La. Ct. App. 1st Cir. 1994
The only relevance it may have is if another person alleged to be the biological father can be brought into the support case, since a
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Collins v. Collins
629 So. 2d 1274
La. Ct. App. 1st Cir. 1993
art. 927(4), (5); (5th Cir.1989); affirmed
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Barrie v. VP Exterminators, Inc.
625 So. 2d 1007
La. 1993
art. 927; Robinson v. North American Royalties, Inc.
- Guillory v. GUILLORY EX REL. ARCENEAUX 615 So. 2d 975 La. Ct. App. 1st Cir. 1993
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Russell v. Guillory
617 So. 2d 213
La. Ct. App. 3d Cir. 1993
5 Cir.1989); affirmed (La.
- Touzet v. Mobley 612 So. 2d 890 La. Ct. App. 5th Cir. 1993
- Doe v. Entergy Services, Inc. 608 So. 2d 684 La. Ct. App. 4th Cir. 1992
- STATE, DSS v. Williams 605 So. 2d 7 La. Ct. App. 2d Cir. 1992
- State, Department of Social Services, Office of Family Support ex rel. Smith v. Williams 605 So. 2d 7 La. Ct. App. 2d Cir. 1992
- Gnagie v. DEPT. OF HEALTH & HUMAN RES. 603 So. 2d 206 La. Ct. App. 1st Cir. 1992
- Lewis v. Aluminum Co. of America 588 So. 2d 167 La. Ct. App. 4th Cir. 1991
- State in Interest of Lawrence v. Harrell 582 So. 2d 940 La. Ct. App. 2d Cir. 1991
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Cortez v. TOTAL TRANSPORTATION INC.
577 So. 2d 292
La. Ct. App. 5th Cir. 1991
5 Cir.1989); affirmed (La.
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Smith v. Jones
566 So. 2d 408
La. Ct. App. 1st Cir. 1990
See Griffin v. Succession of Branch, 479 So.2d at 327
- Lamana v. LeBlanc 558 So. 2d 685 La. Ct. App. 1st Cir. 1990