76 results for 'cat:"Family Law" AND cat:"Due Process"'.
J. Wright finds the trial court properly terminated the father’s parental rights to his daughter. The father was in prison when his daughter was born, and he admitted that he used meth with the mother before his arrest. Although he didn’t specify that the mother used while she was pregnant, the jury could make reasonable inferences to find that the parents knowingly used meth together while the child was in utero. The jury could also reasonably conclude that the father’s imprisonment for at least three felonies created a life of uncertainty and instability due to his unavailability to care for the child in the mother’s absence after her removal for drug use. All evidence and record support the endangerment finding. The father also was able to meaningfully participate through Zoom, and his due process claim fails. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: August 11, 2023, Case #: 09-23-00050-CV, Categories: family Law, due Process, Guardianship
J. Golemon finds the trial court improperly dismissed the mother’s petition to lift the geographical restriction regarding her son without hearing evidence. The mother’s original petition did not include a request to lift or change the restriction, and she was given opportunity to amend. But the father never set his special exceptions for a hearing and never obtained a ruling from the trial court, which then abused its discretion by dismissing the amended petition for insufficient pleadings. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 10, 2023, Case #: 09-22-00310-CV, Categories: family Law, due Process, Guardianship
J. Contreras finds that the lower court properly terminated the father's parental rights to his two children. On appeal, he argues that his due process rights were violated at trial, based on one witness being allowed "to testify via Zoom video conference software." However, he failed to preserve his due process claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 10, 2023, Case #: 13-23-00100-CV, Categories: Civil Procedure, family Law, due Process
J. Hoyle grants the divorced father's petition for a writ of habeas corpus, sought on allegations that he has been illegally detained for failure to follow court orders regarding child support and that an order revoking suspension of a contempt sentence violated his due process rights. The court did not hold a hearing before revoking the suspended sentence.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: July 21, 2023, Case #: 12-23-00148-CV, Categories: family Law, due Process, Habeas
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J. Robinson denies the father's appeal of the trial court's termination of his parental rights of his child under the claim that he was not served notice in compliance with due process. The record indicates that the father received adequate notice of the intent to terminate his parental rights and that he had sufficient time to prepare a response. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: July 14, 2023, Case #: SC20788 , Categories: family Law, due Process
J. Herndon finds the district court properly removed a protected person’s guardian, appointing a new guardian over concerns of the previous guardian’s ability to provide. The protected person’s due process rights were not violated, being there was sufficient notice given and meaningful opportunity for the protected person to be heard. Substantial evidence supports the changing of the guardian. There was insufficient evidence supporting the protect person’s petition to control her interactions with others. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: July 6, 2023, Case #: 83967, Categories: family Law, due Process, Guardianship
J. Suarez finds the lower court did not violate the father's due process rights when it granted the mother's motion for a modification of custody and named her the sole custodial parent of the parties' children. The couple's divorce qualifies as a change in circumstances that allowed for custody changes. Additionally, the father was allowed visitation on a weekly basis and could eventually reunify with the children if he followed certain procedures, all of which rendered the court's decision a modification, not an elimination, of his parental rights. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: June 23, 2023, Case #: AC44326, Categories: family Law, due Process
J. Jay finds the trial court did not err in granting the father 13 days of compensatory time-sharing with his and the mother's son after he filed a contempt motion when the mother violated their court-ordered time-sharing plan multiple times. The 13 overnights the court awarded the father were in keeping with what he asked for, that is the time he missed because of the mother's actions, so the trial court did not break due process by awarding the father relief he did not request, and the mother having failed in her dispute of the motion does not make the remedy unlawful. The court rejects the mother's three other challenges to the circuit court without discussion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: June 16, 2023, Case #: 22-2732, Categories: family Law, due Process
Per curiam, the Vermont Supreme Court finds that the lower court properly terminated a father's and mother's parental rights. The parents failed to identify any prejudice resulting from their absence during a hearing, and the evidence was sufficient to show that the termination was in the best interest of the child. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 23-AP-016, Categories: Evidence, family Law, due Process
J. Virden finds the circuit court improperly terminated the father’s parental rights. Investigation of a report that the parents were leaving their minor children in a rented room with no supervision yielded the father’s claim that he was working when the mother left the children alone. DHS then exercised a hold on the children. The record contains little detail, with no documentation of the father’s progress or compliance from the time of removal until the permanency-planning hearing when the court found he was making progress and working toward reunification. In the absence of proof of other factors, termination is clearly erroneous. Credibility findings on the father are insufficient for termination. Reversed and remanded. There is a dissenting opinion.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 31, 2023, Case #: CV-22-666, Categories: family Law, due Process, Guardianship
Per curiam, the Utah Court of Appeals finds the juvenile court properly terminated the mother’s parental rights. The record supports the statutory grounds and best interest findings for termination, and the mother does not challenge this. Instead, she says the court improperly found that she waived her right to counsel. Based on her lack of contact with counsel and her failure to meaningfully participate, the court permitted counsel to withdraw, then reappointed at the termination hearing at the mother's request. After several failures to appear and continued lack of participation, the court determined that mother waived her right to counsel. The record does not support the mother’s claim that counsel was deficient or that her right to counsel was improperly waived. Affirmed.
Court: Utah Court Of Appeals, Judge: Per curiam, Filed On: May 26, 2023, Case #: 20221129-CA, Categories: family Law, due Process, Guardianship
J. Wood finds the circuit court properly terminated both parent’s parental rights. The department filed for emergency custody as the children had been reported dependent neglected, living with their maternal grandparents while the mother was homeless. A child reported that he had been hit with a belt by his step-grandfather for “breaking the rules.” The mother has been in minimal compliance with her case plan and all evidence supports termination. The father failed to attend a visitation hearing and had not complied with any court orders or case plan. The father filed a motion for reconsideration or relative placement, but because it was not filed within ten days of the termination order it was not subject to the deemed-denial provision of the rules of appellate procedure. The court never ruled on this motion and there is nothing for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: May 17, 2023, Case #: CV-22-761, Categories: family Law, due Process, Guardianship
J. Virden finds the circuit court properly terminated the father’s parental rights. A family services worker testified that DHS had placed a hold on three children after police responded to the mother’s home following a report of her and her boyfriend physically fighting while intoxicated. The child shared by her and the father had been living with the mother because the father was in prison because he was convicted of two counts of felon in possession of a firearm. The child has had a stable foster home for over two years. The father concedes that she could not live with him at the halfway house and there is little likelihood that services would result in successful reunification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 17, 2023, Case #: CV-22-793, Categories: family Law, due Process, Guardianship