2,529 results for 'cat:"Family Law"'.
J. Wozniak finds the trial court properly entered the final judgment for dissolution between a former husband and wife. The court dismissed this appeal for a lack of jurisdiction regarding the final order of relocation. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: May 10, 2024, Case #: 6D23-1663, Categories: family Law, Jurisdiction
J. Mansfield finds that the lower court should have held that a post-marital agreement in which the wife relinquished a share of the husband's property investments was not enforceable following his death because the Iowa code section that allows marital parties to revoke prenuptial agreements does not allow parties to make new agreements while they remain married. Reversed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: May 10, 2024, Case #: 23-1131, Categories: family Law
J. Lambert finds the trial court made a reversible error when it granted the husband's lawyer's motion to withdraw on the morning of trial in the dissolution of the husband and wife's marriage and denied the husband's request for a continuance of the trial. It violated the husband's right to due process to allow his lawyer to withdraw on around 20 hours' notice immediately before his trial was set to start. The portion of the court's judgment dissolving the marriage is affirmed, but the matter is otherwise reversed and remanded for a new trial. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 10, 2024, Case #: 23-0748, Categories: family Law, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Mize finds the trial court improperly entered into a final judgment in this dissolution of marriage case regarding a necklace and loan stemming from the distribution of marital assets and liability. The former wife alleges the necklace was owned by her deceased brother-in-law and the loan from the former husband’s parents was paid in full before he filed for dissolution. There is no evidence to prove that there was a necklace that existed, nor that the wife was in possession of it. The loan should not have been classified in the marital liabilities, as it was paid in full. Therefore, this case is remanded for the final judgment for further proceedings on the necklace and loan. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: May 10, 2024, Case #: 6D23-373, Categories: family Law
J. Reiber grants the state’s motion to dismiss this case stemming from the adjudication of a child as a child in need of care or supervision. The family division’s jurisdiction was terminated when the child was returned to the parents without any conditions or supervision. Dismissed as moot.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: May 10, 2024, Case #: 23-AP-332, Categories: family Law, Jurisdiction
J. Miller finds that the trial court properly awarded the father custody of the child since there was a material change in circumstances affecting the child's welfare after a prior custody award. The trial court correctly considered circumstances that occurred after the father filed his custody modification claim. However, the trial court incorrectly determined the father's monthly gross income in requiring the mother to pay child support. The trial court did not consider the father's personal savings which had been used to support the family. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: May 10, 2024, Case #: A24A0236, Categories: family Law
Per curiam, the Vermont Supreme Court finds the lower court improperly granted sole custody to a mother of her three children in this dissolution of marriage filed by the father. The father alleges the lower court found that the children had been left hungry on multiple occasions in the mother’s care after she interfered with the father’s parent-child contact by taking them to Illinois. Therefore, this case is remanded because the court’s findings do not support the conclusions and the father is a capable caregiver with a strong bond with his children. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-352, Categories: family Law
Per curiam, the Vermont Supreme Court finds the trial court properly terminated the parental rights to a father. The father argues the state failed to show or prove that he was served a notice of the hearing and that decisions regarding the parent-child contact to the family services department was wrongfully delegated. The notice of hearing was delivered to the last known address of the father, and it was his responsibility to change his address. He lacked an engagement with the children, as evidence by his failure to show up to visitations offered by video or in-person. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-405, Categories: family Law
J. Harper finds the lower court properly terminated the mother's parental rights. She not only continued to have contact with the children's abusive father, who stabbed her in front of the children, but also failed to complete required counseling sessions and lacked a clear understanding of the children's emotional needs, as evidenced by her allowing one to play violent video games that involved knives. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: May 9, 2024, Case #: AC46612, Categories: Evidence, family Law
J. Farris finds that the trial court must vacate its order setting aside the jury verdict and granting a new trial in divorce proceedings. The order did not provide the litigants with a reasonable and specific explanation for setting aside the verdict. However, because the basis of the trial court's order setting aside the verdict is unclear at this point, the ex-wife is not entitled to her request to direct the trial court to enter a judgment on the jury's findings.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 9, 2024, Case #: 01-23-00309-CV, Categories: family Law
J. Pritzker finds that the lower court properly distributed marital property in a divorce action by equally dividing sale proceeds of the family home. The wife contends she did not receive credits for a money gift from her mother in the down payment, or from her own investment of personal-injury proceeds in home improvements, but she failed to sufficiently delineate which money in the bank account that she claimed to be separate property. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 9, 2024, Case #: CV-23-0173, Categories: family Law
J. Egan finds that the lower court properly dismissed claims in which a father sought custody of his son after his relationship with the mother dissolved because the mother had stayed home to care for the child for two years before returning to work, and the father's housekeeping and hygiene skills were lacking. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 9, 2024, Case #: 536134, Categories: family Law
J. Egan finds that the lower court properly temporarily removed three children from their parents' care based on neglect findings because the children lived in imminent risk of harm due to the lack of running water in the home, as well as incidents in which the father overdosed while the children were in his care and the mother assaulted the children's maternal grandmother during an argument. Subsequently, the grandmother was put in charge of their care, a role she had filled in the past. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 9, 2024, Case #: CV23-0474, Categories: family Law
J. Tenney finds that the trial court properly ordered an ex-husband to reimburse an ex-wife the money she paid to satisfy a mortgage loan their divorce decree had required him to pay. The order to reimburse was an enforcement ruling, not a modification, since it gave effect to the decree's requirement that he be responsible for any loans on the residence. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: May 9, 2024, Case #: 20210902-CA, Categories: Civil Procedure, family Law
J. Ceresia finds that the lower court properly awarded primary physical custody of a child to the mother. The father was granted additional parenting time, but he previously lied about being the child's primary caregiver. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 9, 2024, Case #: 535843, Categories: family Law
J. McBrayer finds that the trial court properly determined a minor child should be adopted by his maternal grandfather since the comparative fitness test indicated this arrangement would serve the best interests of the child following the death of his mother. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: May 9, 2024, Case #: W2022-01617-COA-R3-PT, Categories: family Law
J. Contreras finds that the lower court properly terminated the father’s parental rights to his daughter. The evidence sufficiently supports the statutory grounds for termination, specifically that he failed to comply with certain “requirements ordered by the court.” Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: May 9, 2024, Case #: 13-24-00040-CV, Categories: Evidence, family Law
J. Worthen finds the trial court properly terminated the divorce proceedings. Though the couple were previously in a romantic relationship for more than 20 years, they agree that no ceremonial marriage ever occurred, nor did they ever file a declaration and registration of an informal marriage. General, conclusory statements from a witness with whom the couple socialized are not sufficient to raise a fact issue as to whether they represented to others they were married. No evidence presented raises a fact issue as to a formal or informal marriage existing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00230-CV, Categories: Evidence, family Law
J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: family Law, Health Care, Contract
J. Gannam finds the trial court improperly applied the correct legal standards when finding the father contributed to the children’s dependency status after basing the decision on the belief the father's corporal discipline was abusive. There is not enough evidence to prove the father “engaged in conduct placing [the kids] at substantial risk of imminent abuse.” Therefore, this case is remanded for the children’s placement with the appropriate proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: May 8, 2024, Case #: 6D24-105, Categories: Evidence, family Law
J. Ortega finds the juvenile court properly terminated a mother’s parental rights to her three children. The mother’s mental health conditions interfere with her ability to prioritize children's needs. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A182137, Categories: family Law
J. Baldwin finds the lower court properly found the mother's consent was not required to complete the adoption of her child. She failed to file an objection within 14 days of receiving notice of the adoption. Although the mother requested an attorney within the 14-day time limit, that request is wholly unrelated to the objection requirement, which does not violate any due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 8, 2024, Case #: 2024-Ohio-1818, Categories: family Law, Due Process
J. Lawrence finds the lower court properly named the wife sole residential parent of the child. Although both parents were actively involved in the child's life, the husband's short temper and history of excessive spanking made the wife's home a safer and more suitable environment. Meanwhile, the award of child support over the statutorily required amount was supported by evidence in the record, including a joint decision to send the child to private school and the fact the husband was not working to his full earning capacity at the time of the separation. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 8, 2024, Case #: 2022-CA-804, Categories: Evidence, family Law