Family Law information blog website contains information relating to family law composed by Globe Education Network paralegal students to benefit attorneys, paralegals, and the general public. DISCLAIMER - THE CONTENT OF THIS WEBSITE DO NOT CONSTITUTE LEGAL ADVICE.
Wednesday, June 4, 2014
California, the Supreme Court of California held that the Johnson’s had no visitation rights in this case. BY: KATIE B.
Opinion link: http://scholar.google.com/scholar_case?case=112980646483731250&q=child+custody+california&hl=en&as_sdt=6,104
Title: California, the Supreme Court of California held that the Johnson’s had no visitation rights in this case.
The Supreme Court of California 851 P.2D 776 (1993) ruled that the Johnson’s had no visitation rights or parental rights to this child.
The Calvert’s were the defendant’s in this case and they were unable to have children. The Johnson’s who were the plaintiff’s in this situation heard that the Calvert’s were unable to have kids and they offered to serve as a surrogate. The two parties then entered a contract and the Ms. Johnson was implanted with an embryo that was created from the Calvert’s. In their contract they agreed and signed that the child was the Calvert’s and that the Johnson’s would not have any parental rights. The defendants agreed to pay the plaintiff’s $10,000.00 for the installment fees and so that they could purchase a life insurance policy on the Johnsons.
Before the child was born the Johnsons demanded the money be paid to them now or they would refuse to give them the child. Then the Johnsons filed suit to figure out who the parents were of the child if the Calvert’s did not pay what they were supposed to when they needed to. They never had a payment plan figured out so there was no date that the money was due on.
When the child was born it stayed with the Calvert’s and the Johnsons had visitation rights to the child upon agreement of the two parties. In trial it was stated by both parties that the Calvert’s were the genetic parents. The trial court ruled that this was indeed true. The trial court also ruled that the Johnsons had no parental rights due to their contract and that the contract was to be acted upon legally. The trial court terminated their right to visitation and they were no longer allowed to see the child.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment