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Hall v. Coleman

The trial court erred in finding that the child of a bigamous marriage was illegitimate since the child was born before the marriage was declared void.

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We granted Steven Hall’s application for discretionary appeal in the adoption proceedings of his biological child. Hall appeals the superior court’s order denying his motion for new trial, which effectively denied his petition to legitimate the child and terminated his parental rights.1 For the following reasons, we conclude that the superior court erred and we reverse.

The record establishes the following facts. Steven Hall and Nancy Hobby were married on February 27, 1997 after Hobby told Hall that she was pregnant with his child. Hall and Hobby ended their relationship at some point in the summer of 1997. On October 1, 1997, the child of Hall and Hobby, whose adoption is at issue in this case, was born. Although the date is not clear from the record, at some point Hall learned that his marriage to Nancy Hobby was void because she had not been divorced from a prior marriage when she and Hall wed.

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