Hughes v. Hughes
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IN THE SUPREME COURT OF THE STATE OF DELAWARE ROBERT E. HUGHES, Petitioner Below, Appellant, v. JOSIE M. HUGHES, Respondent Below, Appellee. ) ) ) ) ) ) ) ) ) ) ) NO. 363, 2007 Court Below: Family Court of the State of Delaware in and for Kent County Case No. CK06-01697 Submitted: October 31, 2007 Decided: November 9, 2007 Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc. ORDER This 9th day of November 2007, it appears to the Court that: (1) Robert Hughes, appellant, appeals a Family Court judge s order denying a Motion to Reopen Divorce Proceedings and declining to approve a Stipulation and Order Regarding Parentage Determination. The Family Court judge denied Hughes s petitions because he found that Hughes did not meet either of the two exclusive exceptions prescribed by § 8-607 of the Delaware Uniform Parentage Act ( UPA )1 and that no other provisions of the UPA provided recourse. On appeal, Hughes argues that the UPA violates the Equal Protection 1 13 Del. C. §§ 8-101 et seq. Clause of the United States Constitution by creating two statutes of limitations in paternity actions based on a child s legitimacy or illegitimacy and that the UPA is unconstitutionally overbroad because of its generalizations regarding family stability. (2) Hughes directly challenged the constitutionality of the UPA in his motion before the Family Court. However, the Family Court judge never addressed his argument and never considered the constitutionality of the statute. (3) NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is REVERSED and REMANDED with instructions to consider the constitutional questions Hughes presented. Jurisdiction is not retained. BY THE COURT: /s/ Myron T. Steele Chief Justice 2
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