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SMITH v. SMITH

No. 232, 2005.

893 A.2d 934 (2006)

Erica M. SMITH, Respondent Below, Appellant, v. Sheila A. SMITH, Petitioner Below, Appellee.

Supreme Court of Delaware.

Decided: March 7, 2006.

Attorney(s) appearing for the Case

Lois J. Dawson, Wilmington, DE, for appellant.

Suzanne I. Seubert, Wilmington, DE, for appellee.

Christine K. Demsey, Wilmington, DE, amicus curiae for Professor Joan Heifetz Hollinger.

Drewry Nash Fennell, American Civil Liberties Union of Delaware, Wilmington, DE, for American Civil Liberties Union, American Civil Liberties Union of Delaware, Children and Families First, and The Delaware Coalition Against Domestic Violence.

Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.

HOLLAND, Justice:

This proceeding is a custody dispute involving children who were born during a relationship between the respondent-appellant, Erica Smith ("Erica") and the petitioner-appellee, Sheila A. Smith ("Sheila").1 The children are nine-year old triplets named Joan, Erin and Michael; and Samantha, who is now five years old. Erica is the biological mother of the triplets. Sheila is Samantha...

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