344 results for 'cat:"Civil Procedure" AND cat:"Family Law"'.
J. Edwards denies the mother's petition for a writ of mandamus, in which she seeks an order for a forensic examination of the child and the disclosure of the child's mental-health records in the underlying custody dispute. The mother's petition was untimely filed as to her request for a forensic examination, and she fails to adequately argue her issue regarding the child's records.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 16, 2024, Case #: CL-2023-0903, Categories: civil Procedure, family Law, Health Care
J. Longoria finds on remand from the Supreme Court of Texas that the lower court properly terminated the mother's parental rights to her daughter. Contrary to the mother's contention, the evidence sufficiently supports the endangerment findings under subsections (D) and (E), as well as the lower court's best interest finding. The evidence showed that the mother lacked an understanding of the child's "physical, emotional, and developmental needs." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 15, 2024, Case #: 13-23-00040-CV, Categories: civil Procedure, Evidence, family Law
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
J. Tijerina finds that the lower court properly divided the community estate in this divorce proceeding. The husband argues that he "received 6.3% of the community estate," but the court disagrees, as a certain financial account was the wife's separate property, and the husband was awarded one-half of the community's interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: February 8, 2024, Case #: 13-22-00249-CV, Categories: civil Procedure, family Law, Property
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[Consolidated.] J. Moore finds that the lower court properly ruled that the child at issue in these consolidated appeals "remained dependent as to the mother" and properly continued the mother's "supervised visitation with the child." Additionally, the foster parents' termination petition was properly denied, along with their petition for adoption. As to the father, the lower court erred in determining the child to be dependent as to him, and the case is accordingly remanded for further proceedings. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2022-1246, Categories: civil Procedure, family Law
J. Moore finds that the lower court improperly awarded rehabilitative alimony without making the express findings of fact required to support the award. Accordingly, the matter is due to be remanded. The court does not currently have jurisdiction over the husband's appeal, however, insofar as it pertains to the alimony in gross. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2023-0020, Categories: civil Procedure, family Law
J. Jabar finds that the lower court improperly terminated the mother's parental rights to her older child. The lower court's findings fail to address certain "important issues that must be answered" before establishing whether the mother is unfit. Specifically, the record does not show that "the mother would be unfit even if the Department had met its legal duty" to provide skilled nursing care for the child. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 31, 2024, Case #: 2024ME16, Categories: civil Procedure, family Law, Health Care
J. McKinnon finds that the district improperly denied a request for waiver of court costs and fees by a wife seeking dissolution and a parenting plan. The district court erred in requiring her to provide more information than required by the Department of Justice on the fee waiver form and she is entitled to waiver as an indigent.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: January 30, 2024, Case #: OP 23-0734, Categories: civil Procedure, family Law
J. Stanfill finds that the lower court improperly determined the father's child support obligation in this case concerning parental rights and responsibilities. The father argues that the lower court erred by including "his employer's cost of providing health insurance to him in his gross income." The court agrees, noting that an in-kind payment can be included "only to the extent that the payment actually reduces a parent's personal living expenses." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME9, Categories: civil Procedure, family Law
J. Stabile finds that the lower court improperly sustained the preliminary objections of an ex-wife and dismissed a husband’s complaint with prejudice concerning the division of their property. The suit was dismissed on the ground that the husband must “hold title” to the property in question to proceed but that legal determination was erroneous. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 18, 2024, Case #: J-A19023-23, Categories: civil Procedure, family Law, Property
J. Lawrence finds that certain portions of the underlying divorce judgment are not supported by specific findings. Accordingly, the provisions regarding parent-child contact and the computation of the appellant's income must be remanded for further proceedings. Vacated in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 18, 2024, Case #: 2024ME3, Categories: civil Procedure, family Law
Per curiam, the appellate court grants mandamus relief and directs the trial court to vacate an order compelling the ex-wife to produce her cell phone for forensic examination in a divorce case. The order lacked provisions to protect the ex-wife's "privacy, privileges, or the confidentiality of non-responsive information."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 17, 2024, Case #: 14-23-00941-CV, Categories: civil Procedure, family Law, Discovery
J. Bower finds that a father's motion to suspend child support payments was properly denied because he waited 17 months before addressing an accidental overpayment, which, in any case, had been used to support the children, and thus the wife was not responsible for returning the money. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: January 10, 2024, Case #: 23-0488, Categories: civil Procedure, family Law
J. Douglas finds that the lower court improperly terminated the parental rights of the mother to her children. The judgment does not include the "specific findings of fact" as required. Accordingly, the case must be remanded for further proceedings. Vacated.
Court: Maine Supreme Court, Judge: Douglas, Filed On: January 9, 2024, Case #: 2024ME1, Categories: civil Procedure, family Law
J. Quinn finds that the lower court properly entered a final decree of divorce, appointing both parents as managing conservators of their children and giving the father certain exclusive rights. The lower court did not abuse its discretion in requiring the mother to undergo "victim abuse counseling" or by awarding the parents equal possession of the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 8, 2024, Case #: 07-23-00042-CV, Categories: civil Procedure, family Law