No. 23-358

Keith Andrews v. Jarred Brandon Kinnett, et al.

Lower Court: Louisiana
Docketed: 2023-10-04
Status: Denied
Type: Paid
Tags: biological-paternity deception due-process family-law filiation-petition fundamental-rights marital-presumption notice parental-rights paternity
Latest Conference: 2023-12-08
Question Presented (from Petition)

1. Does a biological father of the child of a married
woman have a right to notice of his paternity before
any prescription or peremption can extinguish his
right to avow paternity?

2. Where the state opens the door to the biological
father to petition for filiation of a child born of a married
woman, and that father seizes the opportunity to
exercise his parental duties and rights at the first
opportunity, does the biological father become vested
in a fundamental right to parent his child?

3. Should a married woman's silence as to the
suspected true paternity of her baby constitute bad
faith deception of the biological father?

Question Presented (AI Summary)

Does a biological father have a right to notice of paternity before prescription or peremption extinguishes his right to avow paternity?

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-02
2023-11-02
Brief of respondents Jarred Brandon Kinnett, et al. in opposition filed.
2023-09-25
Petition for a writ of certiorari filed. (Response due November 3, 2023)

Attorneys

GJK, minor child
Ramona G. FernandezLoyola Law Clinic and Center for Social Justice, Respondent
Jarred Brandon Kinnett et ux.
Allison Kathleen NestorLaw Offices of Allison K. Nestor, LLC, Respondent
Keith Andrews
Thomas Ainsworth RobichauxAttorney at Law, Petitioner