Legal Opinion · Concurrence

In Re Doe

Hawaii Supreme Court

Decided December 23, 1970No. 4901Published

1Concurrence

CONCURRING OPINION OF

ABE, J.

The majority of the court remands this case for a determination whether it would be for the child’s best interest to have her custody granted to her putative father and I concur on this remand. However, this court holds that a putative father has no parental right to a child born out of wedlock. I disagree.

It is uncontroverted that the appellant is the father of the child. He argues that as the putative father of the child he may be compelled to support and educate his child, therefore, he has the correlative right to the child’s custody.

On the other hand the…

2Cases cited20 opinions

  1. Prince v. MassachusettsSupreme Court of the United States · 1944
  2. Guardianship of SmithCalifornia Supreme Court · 1954
  3. In Re Mark T.Michigan Court of Appeals · 1967
  4. Pierce v. JeffriesWest Virginia Supreme Court · 1927
  5. Dellinger v. BollingerSupreme Court of North Carolina · 1955

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