257 results for 'cat:"Family Law" AND cat:"Guardianship"'.
J. Abramson finds the circuit court properly terminated a mother’s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect based on its knowledge of ongoing abuse, which began with a report that a seven-year-old had gotten out of the home and traveled several miles on her own on several occasions. A protection plan prescribed no contact between the putative father and one of the children based on allegations of sexual abuse. The mother’s denial of a drug addiction despite positive drug tests, plus all other evidence supports the conclusion that her past behavior and relapse from unsupervised to supervised visitation demonstrated potential future harm to the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 8, 2023, Case #: CV-23-309, Categories: Evidence, family Law, guardianship
J. Barrett finds the circuit court properly terminated the mother’s parental rights to her four minor children. A petition for emergency custody and dependency-neglect was originally filed for one of her sons after he told police that his mother hit him with a belt for not cleaning his room. A family-service worker found the mother to be violent toward the children, which were all removed. The mother failed to make progress with services and continued to make poor decisions that placed the children at risk of harm. All evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: November 8, 2023, Case #: CV-23-307, Categories: Evidence, family Law, guardianship
J. Abramson finds the circuit court properly granted a father’s motion to modify custody of the never-married couple's daughter. The father filed for change of custody, stating that the mother’s mom had been charged with a criminal offense and arraigned for placing a recording device in the child’s diaper bag. The court’s modification of custody based on its finding that the actions were alienating the child from her father against her best interest was not clearly erroneous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-22-596, Categories: Evidence, family Law, guardianship
J. Gladwin finds the trial court properly terminated the parents’ rights to their minor child. The department exercised emergency custody after the child’s birth due to the mother’s intellectual disability and inability to care for him. Nurses observed the mother telling the child to “shut up” when he cried, refusing to change his diapers and refusing to wake up and feed him at night. She also failed to attend infant-care classes. After both parents were later found to be in compliance with the reunification plan, DHS learned that the father had violated the plan by leaving the child alone with the mother during an unsupervised visit. The child was then found to have a hand-shaped bruise on his thigh. Further evidence supports the best interest finding and the parents’ attorney’s motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: November 1, 2023, Case #: CV-23-138, Categories: Evidence, family Law, guardianship
J. Anderson reinstates the great aunt and uncle's appeal of the dismissal of their petition for permanent third-party custody of their great niece. A guardian ad litem, once discharged by a district court, is no longer a party to a custody action and therefore need not be served with an appeal which does not concern its dismissal or discharge. Reversed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: November 1, 2023, Case #: A22-0098, Categories: Civil Procedure, family Law, guardianship
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J. Klappenbach finds the circuit court properly terminated the parents’ rights to their five-year-old child. The department became involved after reports of the child asking neighbors for food. The family’s home was found in disarray, with food, a marijuana pipe and the mother’s insulin needles on the floor. The mother had open sores on her face and legs, and the child was in dirty clothes. Both parents tested positive for THC, amphetamines and meth. The child had previously been in foster care due to domestic violence and alcohol abuse in the home. All evidence supports the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-23-173, Categories: Evidence, family Law, guardianship
J. Riedmann finds the district court properly reinstated this child custody case, awarding the never-married parents joint legal and physical custody. The father spent several nights at a time at the mother’s house, operating as a family even after the couple’s relationship dissolved. After the father began dating another woman, the mother would not let him visit and she later moved to Nevada for a new job. Litigation became very complex after the father filed to establish custody and parenting time, and the case was eventually dismissed due to lack of prosecution. After the father’s motion to reinstate, the court determined that the mother failed to show the Nevada job constituted an improvement in employment. The court made findings that the father testified in a credible manner, but the mother did not, inaccurately claiming the father abandoned the child. Though the case had been dismissed when the mother left for Nevada, it was likely to be reinstated. The court’s statement regarding such is not enough to overcome the burden on a party seeking to disqualify a judge for alleged bias. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 31, 2023, Case #: A-23-004, Categories: Evidence, family Law, guardianship
Per curiam, the appeals court finds a county court properly terminated the mother’s parental rights to her minor daughter. The Texas Department of Family and Protective Services took possession of the child after the mother failed to complete her plan of service and had made no attempts to see the child. Clear and convincing evidence shows that the mother knowingly placed the child in conditions endangering her wellbeing, constructively abandoned the child, and failed to complete a court-ordered substance abuse treatment program. All evidence supports the best interest finding and the court agrees with the mother’s attorney that the appeal is frivolous. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00174-CV, Categories: family Law, guardianship
Per curiam, the appeals district dismisses this appeal from the trial court’s establishing the parent-child relationship with the father. The court of appeals has no record of the father’s timely appeal of the 2001 order. In 2021, the father began filing notices of appeal contending that he is not the father, which were dismissed for failure to comply with appellate rules. The father’s repeated filing to raise the same contention, and his failure to respond to jurisdictional notices and comply with rules, all result in dismissal, waste judicial and fiscal resources, and constitute bad faith abuse.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00259-CV, Categories: Civil Procedure, family Law, guardianship
J. Bishop finds the county court improperly terminated the father’s rights to his minor daughter. The child was abandoned at a hospital and the state took custody, being the parents were unknown. In its order terminating parental rights, the juvenile court’s finding of unfitness was based on the father’s conduct of domestic violence prior to the child’s abandonment, and parental unfitness was not proven. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 31, 2023, Case #: A-23-158, Categories: Evidence, family Law, guardianship
J. Arterburn finds the district court properly denied the purported father’s motion to vacate an earlier judgment finding him to be the child’s father and ordering him to pay child support. Three years after the order, genetic testing proved that he was not the father. Twenty years after that, the court stipulated that he would be disestablished as the biological father while still being responsible for child support. He is judicially estopped from changing his prior stipulation that he is liable for child support. He hasn’t shown what circumstances have changed and does not allege that he was unaware of relevant information at the time of the stipulation. His arguments are without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 31, 2023, Case #: A-22-815, Categories: Debt Collection, family Law, guardianship
J. Wood finds the circuit court properly awarded primary physical custody of the parties’ daughter to the wife with standard visitation to the father. The presiding circuit judge retired and was replaced by another judge during the pendency of the court of appeals’ reversal and remand of the court’s denial of the father’s request that the court issue findings of fact and conclusions of law. The Arkansas Supreme Court assigned a temporary judge for the limited purpose of entering findings of fact and conclusions of law, and it had jurisdiction to do this. The appeals court will not reweigh evidence which the circuit court found to show that the parents’ level of cooperation and communication does not support joint custody. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-23-46, Categories: family Law, Due Process, guardianship
J. Murphy finds the circuit court properly terminated the mother’s parental rights after a domestic dispute between the mother and her sister prompted a call to police. DHS became involved because the mother was homeless and under the influence of drugs. The mother was found to be noncompliant with her parole or the case plan, and had been arrested on new charges, with additional felony charges pending. She failed to appear in court and failed a drug screen. All evidence supports the best interest finding and termination. The mother’s attorney’s motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: October 25, 2023, Case #: CV-22-812, Categories: Evidence, family Law, guardianship
J. Harrison finds the circuit court properly terminated the mother’s parental rights after she tested positive for meth during the child’s delivery. The child tested positive for meth, Ambien and other drugs. The mother has not participated in services and has avoided contact with DHS. During a home visit, the grandfather of someone the mother previously dated told DHS that the mother had been gone for two days and had left the child in his care. All evidence supports termination. The mother’s attorney’s motion to withdraw is granted. Though the mother was informed of her right to file pro se points, she has not done so. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 25, 2023, Case #: CV-23-9, Categories: Evidence, family Law, guardianship
J. Virden finds the circuit court properly granted the grandparents’ petition to adopt the deceased mother’s child. The grandparents were granted permanent guardianship after the death of the mother. The other grandmother contests the order based on the advanced ages of the petitioners, also saying that it severs the legal relationship between her and the child. The petitioners are healthy and have a plan for in place for the child’s care if they should pass away before she is 18 years old. The court determined that the child is healthy and flourishing with the grandparents, who wish for visitation with the other grandmother to continue. The order gives stability and permanency priority over the other grandmother’s legal relationship. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 25, 2023, Case #: CV-22-543, Categories: Evidence, family Law, guardianship
J. Wood finds the circuit court properly denied the father’s petition for modification of custody. The father alleges that the mother allowed a man to whom she was not married to stay in her home while their child was present, violating the divorce decree, and had perpetrated a fraud by falsely testifying that this was not true. The court did not clearly err in finding that the mother did not violate the decree because she was not living with the man. The court also made several other findings in support of its conclusion that there had been no material change of circumstances. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-22-595, Categories: Evidence, family Law, guardianship
J. Soto finds a lower court erred in appointing another person as joint managing conservator over a child in addition to the biological mother. The court abused its discretion in granting this non-relative conservatorship, because the biological mother — who is given preference in childcare decisions under Texas law — “has not abdicated her parental duties,” nor has the other appointed conservator provided evidence that granting the mother sole conservatorship would “significantly impair” the child’s health or wellbeing.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 25, 2023, Case #: 08-23-00087-CV, Categories: family Law, guardianship
J. Bishop finds the county court properly terminated the father’s parental rights to his daughter. The child was removed from the mother’s home due to concerns that she had been exposed to drugs and has remained in foster care since, as the mother has failed to work with the human services department voluntarily. The father is currently incarcerated, with no means of support. Clear and convincing evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 24, 2023, Case #: A-22-969, Categories: Evidence, family Law, guardianship
J. Moore finds the trial court properly terminated the mother’s parental rights to her two-year-old daughter. The daughter was born prematurely in the neonatal intensive care unit and her urine tested positive for meth. The father cannot be located. The mother’s actions have indicated substance use, and she has a history of convictions for possession and driving under the influence, all of which place the child at risk of harm. Clear and convincing evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 24, 2023, Case #: A-23-355, Categories: Evidence, family Law, guardianship
J. Pirtle finds the county court properly terminated the father’s parental rights to his children. The father is an alcoholic who has been rough with the children and has abused the mother in their presence. He was arrested for leading police on a high-speed chase with the children in the car, after having smoked meth. He also killed the mother in the presence of the children by running her over with a car, fled the state while leaving the children alone, and has made no progress with rehabilitation programs. All evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 24, 2023, Case #: A-23-297, Categories: Evidence, family Law, guardianship
J. Johnson finds the trial court properly terminated the mother’s parental rights to her four minor children. The mother’s appointed attorney submitted a brief contending that there are no meritorious issues for appeal, and the appeals court, by thorough review, finds nothing in the record to support and appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: October 19, 2023, Case #: 09-23-00131-CV, Categories: family Law, guardianship
J. Horton finds the trial court properly terminated a mother’s relationship with her 18-month-old child. The court’s final order states that clear and convincing evidence shows she “has knowingly placed or allowed [the child] to remain in conditions ... endanger[ing] her well-being and engaged in conduct or knowingly placed [the child] with persons who engaged in conduct which endanger[ed her] physical or emotional well-being.” The mother’s attorney filed a brief stating that no arguable grounds exist to support the appeal, and all evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 19, 2023, Case #: 09-23-00141-CV, Categories: Evidence, family Law, guardianship
J. Prince finds the trial court properly denied the paternal grandmother’s motion to reconsider its denial of grandparent visitation rights. Though the relationships involved were complicated by the father’s having been incarcerated for the statutory rape of the 15-year-old mother, they were generally healthy until disputes arose between the mother and grandmother after the father’s murder. The mother testified that the grandmother refused to abide by requests not to post photos of her child on social media or to include them on a poster seeking information regarding the murderer. The evidence does not rise to a level justifying state interference into the mother’s decisions. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: October 19, 2023, Case #: 120758, Categories: Evidence, family Law, guardianship
J. Hixon finds the trial court properly denied the grandparents’ petition for visitation rights. The grandparents are the parents of the child’s father, who is not in the child’s life. The mother’s new husband has been granted adoption rights. The grandparents did not meet their burden to demonstrate entitlement to an order overriding a fit parent’s rights and compelling visitation. The court did not misinterpret the statute requiring the grandparents to rebut the presumption that the mother acted in the child’s best interest by denying visitation. Potential harm to the child is not supported by evidence. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon, Filed On: October 19, 2023, Case #: 120249, Categories: Evidence, family Law, guardianship
J. Wood finds the county court properly terminated the father’s parental rights to his minor child. The Department of Human Services opened its dependency-neglect case due to concerns of domestic violence and drug use after the children were removed; the circumstances posed an immediate danger to their health and well-being. Evidence was sufficient to prove statutory grounds that the father is a parent. That his acknowledgment of paternity was not introduced at the termination hearing is not determinative because paternity was previously established at the adjudication hearing. The adjudication order was entered into evidence at termination. The court made two specific findings of paternity and stated the basis for the findings. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 18, 2023, Case #: CV-23-251, Categories: Evidence, family Law, guardianship
J. Abramson finds the county court properly terminated a mother’s parental rights. The Department of Human Services filed a petition for emergency custody after it had placed a hold on the four-month-old, who was found alone in her car seat, in 30-degree weather, outside an apartment at 4 a.m. The intoxicated parents were not located until 11 a.m. This was the third time the child had been located alone, once with a needle found in her diaper bag. Sufficient evidence was presented to show that potential harm would be likely if the children were returned to the mother’s unsupervised care. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 18, 2023, Case #: CV-23-246, Categories: Evidence, family Law, guardianship
J. Palafox finds a lower court ruled correctly in issuing a final divorce decree after the ex-wife appealed, arguing the court had erred in property and custody determinations and that she had been denied “her due process right to a full and fair hearing,” but the ex-wife has tried to present evidence that was not part of the original case record and the court was reasonable in issuing some of its disputed rulings, including on child custody in which the court was guided by precedential factors.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 16, 2023, Case #: 08-23-00042-CV, Categories: family Law, Due Process, guardianship
J. Mesiwala finds the juvenile court improperly terminated the father’s parental rights. The child was removed through a protective custody warrant based on a failure to thrive diagnosis. The father says that Social Services failed to comply with requirements of the Indian Child Welfare Act by not inquiring of extended family members as to the minor’s potential Indian ancestry. Conditionally reversed and remanded.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: October 13, 2023, Case #: C097911, Categories: family Law, Native Americans, guardianship
J. Byrne finds the trial court properly ruled to appoint the paternal grandmother of a child as the managing conservator, ruling against the child’s father to appoint him as conservator. There exists both legally and factually sufficient evidence to support the conclusion that the father was not meeting his child’s physical and emotional needs. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 12, 2023, Case #: 03-23-00117-CV, Categories: family Law, guardianship
J. Richman finds the district court improperly denied the Mexican mother’s request for the return of her children who were born in Mexico but taken to El Paso by the father after the couple split up. Though the father says that returning the children would violate their right to an education and expose them to a risk of harm, the mother’s petition under the Hague Convention does not allow the district court to resolve the question of which parent is best suited to have custody. Reversed and remanded.
Court: 5th Circuit, Judge: Richman, Filed On: October 11, 2023, Case #: 22-50203, Categories: family Law, International Law, guardianship