2,529 results for 'cat:"Family Law"'.
[Consolidated.] J. Atkins finds that the trial court properly denied a mother's motion to relocate from Louisiana to Florida. In this case, the mother does not show that relocation was in the children's best interest because she provided no support for her claims that Jacksonville would be better for the parties' daughters and did not provide any evidence about how the daughters felt about the move. Further, the trial court properly found the mother in contempt for failing to bring the children for a visit from Jacksonville to New Orleans during Mardi Gras. The mother alleged that she could not bring them for financial reasons but also contended that the move to Jacksonville was beneficial due to her increased salary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: May 3, 2024, Case #: 2023-CA-0463, Categories: Evidence, family Law
J. Eckerle finds that grandparents were properly denied requests to bring motions for child support, discovery, and permanent custody during the period that their temporary custody was in effect because the motions were not ripe for consideration until permanent placement of their grandchild had been established. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: May 3, 2024, Case #: 2023-CA-0941-ME, Categories: Civil Procedure, family Law, Discovery
J. Waples finds the lower court improperly approved the magistrate’s order telling a mother to repay a father child support, which is in arrears, in this case originally begun in Canada. The magistrate had discretion when using a different currency-exchange method to calculate the amount in arrears, but improperly ordered the mother to pay the father for overpayments due to the recalculations. Therefore, the magistrate had discretion to use a different method, but the mother should not repay the father $11,892. Affirmed in part. Reversed in part. Vacated.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 3, 2024, Case #: 23-AP-254, Categories: family Law, Settlements
J. Clark finds the lower court properly granted the adopted descendants' motion for summary judgment on claims filed by the blood relative of the trust's founder. Although one of the descendants had been adopted as an adult, the original trust decree was not a distribution of assets that would have precluded payments to adopted children. Additionally, although the will and trust were executed prior to a 1991 Connecticut law amendment that presumptively included adopted children as beneficiaries, there is no language in the will that indicates the decedent intended to exclude any adopted children or grandchildren. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: May 3, 2024, Case #: AC46257, Categories: Civil Procedure, family Law, Wills / Probate
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J. Mayle grants the common pleas court judge's motion for summary judgment, ruling that although there is a question of fact regarding the child's home state, the judge does not patently lack jurisdiction over the stepparent's petition for adoption, which precludes the stepparent from prevailing on her petition for a writ of prohibition.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1708, Categories: family Law, Judiciary, Jurisdiction
J. Mackey finds that the lower court properly held that an incarcerated father's consent was not needed for the adoption of his son by the boy's mother and her new husband since the father indicated his intent to forgo parental rights by failing to contact the boy for more than six years. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: May 2, 2024, Case #: 536102, Categories: family Law
J. Garry finds that the lower court properly modified a shared parenting order to award sole legal and physical custody to the father because repeated unfounded claims that the father sexually abused the child subjected the girl to intrusive exams over several years, and the mother demonstrated lack of fitness to act as custodial parent by otherwise interfering with the father-daughter relationship. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 2, 2024, Case #: CV-23-0081, Categories: family Law
J. Oliver finds that the trial court properly terminated a father's parental rights, and he failed to show the ruling was because counsel had been ineffective. He never provided a home for his daughter or had custody prior to her mother's death, and he did not follow court orders to develop a relationship with her. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20230486-CA, Categories: family Law
[Consolidated.] J. Beam finds the lower court erroneously terminated family services' custody of the child and dismissed it from the custody case without a hearing. The relief awarded to the petitioners was permanent in nature and required more than the in-chambers "discussion" conducted by the court; therefore, the department will be reinstated and the case remanded for a proper hearing. Reversed.
Court: Mississippi Supreme Court, Judge: Beam, Filed On: May 2, 2024, Case #: 2023-IA-813, Categories: Civil Procedure, family Law
[Consolidated.] J. Lynch finds that the lower court properly found a child to be neglected due to her mother's drug use during pregnancy, and permanently placed the child with her paternal grandparents, who were caring for the mother's four older children at the time, as the child tested positive for opioids at birth and the mother admitted she used drugs. The child's best interests would be served by staying with her grandparents since social workers had lost contact with the mother and the child had lived with her grandparents since birth. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 2, 2024, Case #: 535992, Categories: family Law
J. Clark finds that the lower court improperly reduced a mother's time with her two children due to her failure to keep her father away from the older child after he was accused of a sexual offense because drastically reducing her parenting time would not serve the best interests of her children, despite her failure to appreciate the risk posed by her father. A new hearing is necessary to set an appropriate parenting schedule. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 2, 2024, Case #: CV-22-2221, Categories: family Law
J. Nowell finds that the lower court improperly divided the marital property and "ordered neither party to pay child support" in this divorce proceeding. The record does not contain sufficient evidence of the parents' finances to show that the child support ruling "was in the best interests of the children." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: May 2, 2024, Case #: 05-23-00505-CV, Categories: family Law, Property
J. Pritzker finds that a mother's appeal from an order to vaccinate one of her five children against Covid-19 should be dismissed as moot. All the children were temporarily removed from her custody at one point, and vaccination had been sought for the middle child so he could remain in a residential facility due to his autism and related behavior. The vaccination occurred and the children were returned to the mother's care, and thus no controversy remains.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 2, 2024, Case #: 535362, Categories: Civil Procedure, family Law
J. Fisher finds that the lower court properly terminated a mother's parental rights for permanent neglect of her four children. After the children were removed from her care, the mother failed to take full advantage of programs and services directed toward mental health and chemical dependency issues, and she made little effort to reunite with them. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 2, 2024, Case #: 535706, Categories: family Law
J. Egan finds that the lower court properly terminated a father's parental rights for abandoning his two children because both children had been placed in the care of their paternal aunt soon after birth, and the father made little effort during his subsequent incarceration to communicate with them. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 2, 2024, Case #: CV-23-0861, Categories: family Law
J. Johnson finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the findings as to endangerment and the children's best interest. This includes the father's lack of financial support, history of drug use, and his "multiple criminal convictions and multiple periods of incarceration." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 10-23-00364-CV, Categories: Evidence, family Law
J. Golemon finds the trial court properly entered the property division enforcement order in this post-divorce proceeding. The ex-husband challenges the order requiring him to vacate the marital residence and ordering the receiver to sell the property and split the proceeds. A trial court that has rendered a final decree of divorce has the power to enforce the property division and to render clarifying orders to enforce compliance. Because no one appealed the enforcement order, the appeals court may not consider the ex-husband's arguments. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 2, 2024, Case #: 09-22-00312-CV, Categories: family Law, Property
J. Suarez finds the failure by the mother's attorney to object to family services' amendment request immediately before the close of the trial concerning her parental rights did not constitute ineffective assistance. Such requests are allowable under the governing procedural guidelines and, in any case, the subject of the amendment request - the mother's failure to comply with a rehabilitation plan - had been fully briefed and discussed during the trial. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: May 2, 2024, Case #: AC46641, Categories: Civil Procedure, Evidence, family Law
J. Scales finds the trial court did not follow proper procedures in entering an order of disposition that required the mother to undergo a mental health evaluation as part of a plan to regain custody of her daughter placed into foster care after being sexually assaulted by the father of the mother's other child. The relevant statutes and procedures required the trial court to give the mother proper notice and specify the time, manner and other details of the mental health evaluation, neither of which occurred. The mother's petition for writ of certiorari is construed as an appeal, and the portion of the court's order requiring the mental health evaluation is overturned without prejudice. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 1, 2024, Case #: 24-0404, Categories: family Law
J. Savoie finds that the lower court improperly terminated the father's parental rights over his child. There is no case plan in the record and the caseworker testified that she never met with the father. Furthermore, it appears the father was never ordered to pay child support so his rights cannot be terminated for failing to pay support. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: May 1, 2024, Case #: JAC-24-46, Categories: family Law
J. Powers finds the trial court properly resolved a dissolution dispute related to property. A husband paid off a mortgage from a “personal” bank account, the property never generated income, and the wife never lived in the house or contributed to it in any manner. Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A176322, Categories: family Law
Per curiam, the Appeals Court finds the trial court erred by denying a wife’s petition to set aside the default judgment in this dissolution case. “The default judgment, rendered without a further hearing or evidence, exceeded the terms alleged by husband.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A178809, Categories: family Law
J. Bock finds the trial court properly awarded the wife equity in the marital residence. Although the husband made financial contributions to the property during the couple's marriage, he financially abandoned her during their separation, which entitled her to the equity award. Meanwhile, the court properly denied the husband's request for spousal support because he was not working to his full earning capacity and failed to provide any evidence he was unable to find full-time employment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: May 1, 2024, Case #: 2024-Ohio-1663, Categories: Evidence, family Law
J. Brown finds the circuit court properly terminated the parents' parental rights to their minor children. The department exercised a hold on the children, filing a petition for dependency-neglect after the incoherent and lethargic father was taken to the hospital for suspected drug use. The mother admitted to being on drugs, though she refused testing, also refusing to allow the department to investigate the state of the home. She admitted to being five months pregnant, though she refused treatment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: May 1, 2024, Case #: CV-24-5, Categories: Evidence, family Law, Guardianship