257 results for 'cat:"Family Law" AND cat:"Guardianship"'.
J. Bishop finds the juvenile court properly terminated the mother's parental rights to her four children. A family services specialist testified that one of the children tested positive for meth and amphetamines at birth. The children were then placed with their father, who was separated from the mother. The mother did not follow through on her ordered family team meetings, supervised parenting time, or support services. Other testimony and evidence support the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 20, 2024, Case #: A-23-534, Categories: family Law, guardianship
J. Dato finds the trial court properly denied a continuance in this guardianship dispute when the father’s counsel withdrew. The father requested sole and physical custody of the children. The court issued a proposed decision giving the mother sole custody of the children with the parties having equal physical custody. The husband failed to show the denial affected the outcome of proceedings and both parties shall bear their own costs in this appeal. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: February 16, 2024, Case #: D080977, Categories: family Law, guardianship
J. Howard reverses the trial court's denial of a woman's petition to adopt her cousin. Contrary to the trial court's finding, custody of the child six months before an adoption becomes final is not a prerequisite to filing an adoption petition. Vacated.
Court: DC Court of Appeals, Judge: Howard, Filed On: February 15, 2024, Case #: 22-FS-0647 , Categories: family Law, guardianship
J. Golemon finds the trial court properly appointed the intervening foster parents as permanent managing conservators with the right to designate the child's primary residence after the child was removed from her mother's care when police found her locked in a bathroom and hallucinating. The trial court found that appointing the mother as a managing conservator would “significantly impair the child’s physical health or emotional well-being.” The record includes evidence of the mother's past and present misconduct, as well as that regarding the stability of the current placement. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 15, 2024, Case #: 09-23-00292-CV, Categories: family Law, guardianship
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J. Brown finds the county court properly terminated the father's parental rights to his three children. The department exercised an emergency hold on the children after an investigation into allegations of the mother's performing sex acts as a prostitute in front of them while living in a motel. The investigation also involved questions of the death of one of the children. The children tested positive for meth and cocaine, and neither parent showed any evidence of stability. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 14, 2024, Case #: CV-23-584, Categories: Evidence, family Law, guardianship
J. Sleet grants a guardian ad litem’s requested writ of certiorari and quashes the trial court's order, which granted prospective parents’ motion to intervene as a party in an underlying dependency case. The court improperly granted unlimited party status to the prospective parents.
Court: Florida Courts Of Appeal, Judge: Sleet, Filed On: February 14, 2024, Case #: 2D23-2529, Categories: family Law, guardianship
J. Arterburn finds the juvenile court properly removed the 13-year-old child from her grandmother's care. The child's therapist testified she exhibited trauma and avoidance issues. The child was properly allowed to testify as to the parties' combative relationship outside the grandmother's presence, with the therapist explaining the presence would likely cause the child emotional distress or fear, probably impacting the testimony. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 13, 2024, Case #: A-23-388, Categories: Evidence, family Law, guardianship
J. Stevens finds that the trial court properly ordered genetic testing in order to determine the paternity of a six-year-old child. It is in the child’s best interest to know whether his father is the man who was married to his mother at the time of his birth, or his acting father, who was cohabitating with his mother at the child’s time of birth. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: February 12, 2024, Case #: J-A23031-23, Categories: Civil Procedure, family Law, guardianship
Per curiam, the Vermont Supreme Court finds the trial court properly terminated the parental rights to a mother and father. While the mother argues the state failed to show or prove that she was served a notice of the hearing. Therefore, the mother’s argument is remanded for an evidentiary hearing and separate determination if the court properly mailed the notice of hearing. The father argues the court erred in finding the parents did not deny abusing one of their child, and he accepted the responsibility of injuries. The termination order was not in error as to the mother or father, as they failed to prove reunification was in the best interest of the children. Reversed in part. Affirmed in part.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-295, Categories: family Law, guardianship
Per curiam, the Vermont Supreme Court finds the family court properly terminated the father’s parental rights to his children. The evidence supports the finding regarding the father not identifying any basis of weighing the court’s best interest of the children was inconsistent. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-296, Categories: family Law, guardianship
Per curiam, the Vermont Supreme Court finds the family court properly terminated the mother’s parental rights to her children. The evidence supports that she has a loving bond with the children, but the finding regarding the mother’s stagnation in her process towards reunification was due to her choices within her control, so termination is in the best interest of the children. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-304, Categories: family Law, guardianship
Per curiam, the Vermont Supreme Court finds that the trial court properly terminated a father’s parental rights to his child since evidence indicated termination was in the child’s best interests. The child has been with the same foster parent for three years and is striving very well. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-266, Categories: family Law, guardianship
Per curiam, the Vermont Supreme Court finds the trial court properly terminated a mother’s parental rights to her child. The evidence supports the finding regarding the mother’s stagnation was due to her choices within her control and it is in the best interest of the child. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-279, Categories: family Law, guardianship
Per curiam, the Vermont Supreme Court finds that the family court properly granted a father’s motion to modify parent-child contact as to his child. The mother argues the court did not gave insufficient weight to her stating the father physically harmed the child during their marriage and his history with substance abuse. However, she failed to show enough evidence at the evidentiary hearing. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-292, Categories: family Law, guardianship
J. Klappenbach finds the circuit court properly terminated both parents' rights to their infant daughter. The child was taken into custody after being found underweight, while the parents have admitted to drug use and the home was unfit, cluttered with garbage, and infested with roaches and mice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 7, 2024, Case #: CV-23-534, Categories: Evidence, family Law, guardianship
J. Neeley finds the county court properly terminated the parents' rights to their children. Protective services received reports of unsafe conditions at the family's camper, including lack of food, lack of running water, lack of power to the refrigerator, possible drug use and domestic violence. An investigator confirmed all of this, along with the children's severe hygiene and medical issues, after a home visit. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: February 7, 2024, Case #: 12-23-00258-CV, Categories: Evidence, family Law, guardianship
J. Abramson finds the circuit court properly denied the mother's petition to terminate paternal grandparent visitation with her child. The mother began denying visitation after a year of regular, significant visitation with the grandparents due to their daughter's having criminal drug charges. All evidence supports the court's order for visitation, and its finding the mother to be in contempt for failing to facilitate the visitation. The mother knew two court orders conflicted yet did not inform either court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 7, 2024, Case #: CV-22-730, Categories: Contempt, family Law, guardianship
J. Harrison finds the circuit court properly modified the father's custodial time with his children and found him in contempt for failing to pay alimony and child support. The father has been working out of state, which constitutes a material change in circumstances since the entry of the divorce decree. The order of contempt is not final and appealable, as it allows the father to purge the order by paying alimony and child support arrearages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 7, 2024, Case #: CV-22-495, Categories: Contempt, family Law, guardianship
J. Riedmann finds the county court improperly dismissed the biological father’s application to set aside the stepparent adoption. The mother claimed the father had abandoned the child and that she did not need his permission for the adoption, and the father asked the matter be set for hearing. The court found the application to sound in equity and that it lacked jurisdiction. Furthermore, the court said the hearing was to determine whether the application should be heard, then ruled an evidentiary hearing should be held. The court did not decide the merits, which remain pending. Reversed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 6, 2024, Case #: A-23-429, Categories: family Law, Due Process, guardianship
[Consolidated] J. Pirtle finds the county court properly terminated the mother's parental rights to her two children. The mother has an extensive history with alcohol abuse, including having been in DUI accidents with her children in the vehicle. She also has cognitive impairment from having been kicked in the head by a horse. The mother has demonstrated she is unable to mitigate the effects of her traumatic brain injury, cease from behaving erratically and address her substance abuse problems. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: February 6, 2024, Case #: A-22-684 , Categories: family Law, Health Care, guardianship
J. Herndon finds the county court properly dismissed this child custody complaint. The child was born in the Philippines to a Filipino mother and an American father. The father sought custody in the U.S. after the parents' relationship dissolved. Though the father has presented evidence the child has spent time in the U.S., her home state under the Uniform Child Custody Jurisdiction and Enforcement Act was properly found to be the Philippines. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 86347, Categories: family Law, International Law, guardianship
J. Hixson finds the county court properly terminated the father's parental rights to his minor son. After the child was removed from the mother, the putative father was identified as the same individual previously found in a hotel room with the mother and child during an investigation that yielded boxes of stolen property, meth and drug paraphernalia, all found to be accessible to the child. The child was also treated for burn injuries, the father's explanation for which was inconsistent with the injuries themselves. Ample evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 31, 2024, Case #: CV-23-578, Categories: Evidence, family Law, guardianship
J. Moore finds the county court properly denied the mother's request to relocate the child shared with her ex-husband. Though the mother had originally been given primary custody, this was modified to joint custody after the mother moved with the child out of state with her new husband. Though the county court incorrectly found that there was no legitimate reason for the move, being the mother's new husband had found a higher-paying job, the mother failed to show the move was in the best interest of the child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 30, 2024, Case #: A-23-257, Categories: family Law, Due Process, guardianship
J. Hiraoka finds a lower court improperly denied a pair of children’s guardian from removing the children’s birth parents from their custody proceedings. A statute stating “all parents” must be summoned in a custody case does not apply to parents who have already had parental rights revoked by the plain language of the statute. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: January 26, 2024, Case #: CAAP-22-719, Categories: family Law, guardianship
J. Papik finds the county court properly denied the stepfather's petition for adoption. Though the child's biological father was divorced from the mother and had been incarcerated for several years for murder, he had remained current on his child support payments and made consistent efforts to maintain a relationship with his daughter. The father did not abandon his daughter legally, and any adoption will require his consent. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: January 26, 2024, Case #: S-22-919, Categories: family Law, guardianship