2,528 results for 'cat:"Family Law"'.
Per curiam, the Appeals Court finds the juvenile court properly terminated a mother’s parental rights. The “mother is unfit due to certain conduct and conditions that are seriously detrimental” to her child. Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A182410, Categories: family Law
J. Kyzar finds that the lower court improperly granted the parental rights of the child from the parents to the paternal grandparents. The parents fulfilled every requirement of their case plan, completed parenting classes, learned how to property tube feed the child and attended her medical appointments. Family reunification was the goal until the caseworker deemed that the child had a trauma response to seeing her parents without personally observing such a reaction. Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: May 1, 2024, Case #: JAC-23-768, Categories: family Law
J. Hellman finds the juvenile court erred in taking jurisdiction over a mother’s child. “Evidence was insufficient to permit the juvenile court to find [the child] within its jurisdiction on the basis” of the mother’s mental health. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A182221, Categories: family Law
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J. Parker finds that the lower court properly entered an order modifying the parent-child relationship and appointed the father as "sole managing conservator with the exclusive right to determine the residence" of the children. Contrary to the mother's argument, the evidence sufficiently supports the lower court's best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-24-00002-CV, Categories: Evidence, family Law
J. Alley declines to issue a petition for writ of mandamus vacating discovery-related orders in a divorce case. The relator ex-husband, who is a lawyer, argued discovery requests from his lawyer ex-wife could improperly require him to produce “attorney-client and work-product documents,” but the lower court has not yet ruled on privilege issues and, therefore there is “no clear abuse of discretion.”
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 30, 2024, Case #: 08-24-00026-CV, Categories: Civil Procedure, family Law, Discovery
J. Wood finds that the lower court properly ordered the six-year-old child returned to Germany in a suit filed by a German mother under the International Child Abduction Remedies Act. The record supports the finding that the child's residence was in Germany at the time the father refused to return the child after his summer visitation time was over. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 30, 2024, Case #: 23-3407, Categories: family Law, International Law
J. Bradley finds the circuit court properly denied the biological mother's petition to allow her non-marital partner of more than 10 years to legally adopt her child. The circuit court correctly interpreted the relevant Wisconsin law, which, among other things, prohibits the adoption of a child by someone who is not the spouse of the biological parent. Because Wisconsin's adoption statutes do not involve a fundamental right or a protected class under either the U.S. Constitution or Wisconsin Constitution, and because there is a rational basis for the restrictions in the adoption statute, the mother and partner's challenge under the equal protection clause of the 14th Amendment fails. Affirmed.
Court: Wisconsin Supreme Court, Judge: Bradley, Filed On: April 30, 2024, Case #: 2022AP001334, Categories: Constitution, family Law
J. Moore finds the county court properly entered the custody and support order, also properly valuating and dividing property in this marriage dissolution. The divorced couple agreed to the custody and support order, and no reversible error is found in the court’s failure to include a parenting plan and support calculation in the decree. Though the court awarded all property inside the marital home to the wife, this does except certain boxed property of the husband's. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: April 30, 2024, Case #: A-23-496, Categories: family Law, Property, Guardianship
J. Bishop finds the district court properly divided the marital property in this marriage dissolution. The land on which the marital residence and a barn were built was acquired and paid for by the husband before the marriage. Evidence supports the land is nonmarital, although the parties jointly paid a mortgage on the property. Therefore, the wife is entitled to one-half of that marital equity. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 30, 2024, Case #: A-23-249, Categories: family Law, Property, Contract
J. Partida-Kipness conditionally grants the mother's petition for a writ of mandamus, in which she challenges certain orders in the underlying proceeding, granting the child's paternal grandfather "rights of possession and access." The rulings were an abuse of discretion, as the grandfather failed to establish standing to bring suit, due to his affidavit being deficient. Accordingly, the lower court lacked jurisdiction, and the grandfather's petition should be dismissed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 29, 2024, Case #: 05-23-00812-CV, Categories: Civil Procedure, family Law
J. Eklund finds that although the husband made the $15,000 payment from his deferred compensation account prior to the couple's signing of their dissolution agreement, the lower court properly found the payment satisfied his obligation because the payment was made less than one month before the agreement was signed and it was consistent with the unambiguous terms of the agreement. Meanwhile, even though the separation agreement required the husband to make payments for the wife's student loans, the parties "side agreement" to forego such payments and the wife's decision not to attempt collection for over six years after their divorce supported the court's decision to find she relinquished any right to the payments. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: April 29, 2024, Case #: 2024-Ohio-1646, Categories: Evidence, family Law
J. Walker finds that the lower court improperly denied the foster parents' motion to stay the change of placement of two child in their care. The foster parents were not given a chance to address the court at a second hearing on the children's placement before the court ordered the children removed from the foster home where they had lived for the last five years. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: April 26, 2024, Case #: 231670, Categories: family Law
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: Evidence, family Law, Attorney Fees
J. Lewis finds that the lower court properly terminated the mother's parental rights to the child. The mother contends that the lower court erred by denying her attorney's oral motion for a continuance. However, she failed to preserve her due process argument for appellate review. Additionally, the ruling was not an abuse of discretion. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0765, Categories: Civil Procedure, family Law
J. Conrad grants the father of a child who was illegally taken from Peru to the U.S. his petition for return of the child. The mother, originally from Venezuela, fled to Peru to escape political oppression, then met the child’s father, who is from Peru. On a trip to visit relatives in the U.S., the mother refused to return to Peru and would not let the father take the child back to Peru either. The mother has not shown sufficient evidence proving a grave risk of harm to the child if they returned to Peru.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 26, 2024, Case #: 3:24cv226, NOS: Other Statutory Actions - Other Suits, Categories: family Law, International Law
[Consolidated.] J. Lewis finds that the lower court improperly ruled in this divorce proceeding. Specifically, the lower court failed to make certain findings in support of the periodic alimony award. Accordingly, the lower court must also "reconsider the division of marital property along with its determination of the alimony issue." The child support award should also be reconsidered, based on a failure to include all of the husband's income. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0584, Categories: Civil Procedure, family Law
J. Soto finds a lower court erred in issuing a Qualified Domestic Relations Order after a divorce decree. The ex-wife is right that the court did not have jurisdiction to issue the order, but it was not part of the original divorce decree and was issued after the lower court’s jurisdiction over the case had already expired. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 26, 2024, Case #: 08-23-00311-CV, Categories: family Law, Jurisdiction
Per curiam, the court of civil appeals finds that the lower court properly determined the child to be dependent and awarded sole custody to the maternal grandparents. The father contends that the lower court erred by "finding the child dependent as to him." However, the record shows that the mother abandoned the child by relinquishing her rights to the grandparents, meaning the dependency ruling was appropriate. Also, there was no abuse of discretion with the custodial ruling. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0616, Categories: Evidence, family Law
Per curiam, the Nevada Supreme Court grants the petition for a writ of mandamus challenging the denial of a petition for temporary guardianship over minor children. The grandparents filed a petition for general guardianship, explaining the children had been exposed to unsafe conditions living with their mother and her new partner with a criminal background. The petition was denied without prejudice for failure to provide proof of proper service. The mother filed an objection, and the children filed to appoint the grandparents as temporary guardians pending a decision on general guardianship. The court denied the petition without a hearing, failing to give the request consideration.
Court: Nevada Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: 88027, Categories: family Law, Due Process, Guardianship
J. Silva finds that the lower court properly terminated the parental rights of the mother to her two children. Contrary to the mother's arguments on appeal, the evidence sufficiently supports the statutory grounds for termination and the lower court's best interest finding. There was evidence of drug use by the mother while she was pregnant. There was also evidence that she failed to complete her service plan and testimony that the children's current foster placement is with a "loving home." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: April 25, 2024, Case #: 13-23-00591-CV, Categories: Evidence, family Law
J. Byrne finds that the trial court properly ruled against a father in a divorce case. The father challenges the court's decision to give the mother the right to choose the children's place of residence, alleging that past instances where the children were injured in the mother's care placed them at risk. The mother's testimony and evidentiary record refute the father's claims. Having failed to show that being placed with their mother would not be in the children's best interest, the trial court correctly ruled against the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-22-00290-CV, Categories: family Law
J. Garcia finds that the lower court properly entered an order in this suit to modify the parent-child relationship. The order required the mother to pay child support to the father, and the mother now argues that the evidence was insufficient to establish "a material and substantial change of circumstances." However, the record does not contain certain interviews, and there is a presumption that "the missing evidence supports the trial judge's finding." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 05-23-00392-CV, Categories: Evidence, family Law
J. Gallagher finds the trial court improperly determined the husband's sale of several investment products and dissipation of more than $60,000 from a checking account constituted financial misconduct. The profits from the investments were used to satisfy tax obligations, while the money from the checking account was wired to the wife's attorney or used to make mortgage payments on the marital residence; therefore, the award of $500,000 to the wife for financial misconduct will be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1585, Categories: Evidence, family Law
J. Boyle finds the trial court properly determined the husband's retirement and substantial decrease in income represented a change in circumstances that allowed for a reduction in his spousal support payments, while the reduction from $12,000 to $2,500 per month was also reasonable, given the husband's modified income and the wife's current earning potential. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: April 25, 2024, Case #: 2024-Ohio-1581, Categories: Evidence, family Law