2,529 results for 'cat:"Family Law"'.
J. Powers finds that the lower court improperly declined to recalculate a father's child support arrears after he lost his full-time job because omissions in financial paperwork were not relevant to the 17-month period during which the father was either unemployed or only worked part-time while being treated for kidney failure. On remittal, the court should determine how to credit an overpayment of child support that had been made after one of his three children turned 21. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-23-0508, Categories: family Law
J. Hixson finds the circuit court properly terminated the parents' rights to their children based on sufficient evidence. The department was granted a petition for emergency custody and dependency-neglect after the mother tested positive for multiple drugs when giving birth. It then found each parent to be in partial and minimal compliance with the original case plan for reunification. Though certain evidence shows the parents were bonded with the children, the bond is not sufficient to prevent termination. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 24, 2024, Case #: CV-23-785, Categories: Evidence, family Law, Guardianship
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J. Greer finds that the parties' parental rights were properly terminated in light of credible sexual abuse allegations brought against the father and the filthy conditions of the home. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: April 24, 2024, Case #: 23-1916, Categories: family Law
J. Badding finds that a mother's parental rights were properly terminated since she had her child in the car when she led police officers on a high-speed chase while she was intoxicated, and she failed to respond to substance abuse treatment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: April 24, 2024, Case #: 24-0287, Categories: family Law
J. Riley finds that the trial court properly held defendant in contempt and ordered her to serve 90 days in jail for lying three times in court about the existence and death of a child who did not exist, as the lies made it impossible for child services to determine if the child was real. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: April 24, 2024, Case #: 23A-JM-2671, Categories: Contempt, family Law
J. Jones denies the father's petition seeking the return of his child to Mexico under the Convention on the Civil Aspects of International Child Abduction. Although the family "see-sawed" between Mexico and the United States since the child's birth, the majority of the child’s school and medical connections are in Washington, and the father looked at various houses to purchase in the United States. Because the child's habitual residence is the United States, the father's petition is denied.
Court: USDC Western District of Washington, Judge: Jones, Filed On: April 24, 2024, Case #: 2:23cv1655, NOS: Other Statutory Actions - Other Suits, Categories: family Law, International Law
J. Harrison finds the circuit court properly entered the divorce decree and custody and support order, finding the ex-wife to be in contempt. The court correctly denied the mother's request to relocate, finding it in the child's best interest to remain where his support system is located. There is ample evidence the mother's failure to control her emotions caused the child's anxiety during visitation exchanges. At one exchange, the mother was crying so loudly she could not hear the visitation supervisor speaking. The child's counselor also testified that certain of the mother's actions could be considered intentional sabotage and that it is damaging for the child to be purposefully kept from his father. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 24, 2024, Case #: CV-23-240, Categories: Evidence, family Law, Guardianship
J. Schumacher finds that a child was properly removed from her mother's care under a child in need of assistance order entered after the father and brother were accused of sexually abusing the child because the record indicates the mother reported false information to authorities. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 24, 2024, Case #: 23-2121, Categories: family Law
J. Murphy finds the circuit court properly denied the stepfather's petition to adopt his 13-year-old stepdaughter. The stepfather sought adoption after the child's biological father petitioned to establish paternity and visitation. Though the healthy, academically achieving daughter considers her stepfather her father, having no interest in visitations with her biological father, the record demonstrates the mother hindered the biological father/daughter relationship by not telling him about her for the first two years of her life. The mother also told the daughter she was conceived by rape. The biological father has regularly paid child support, also carrying insurance on the daughter. Adoption is in derogation of the natural parent's rights and the biological father has contested the adoption. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-23-311, Categories: Evidence, family Law, Guardianship
Per curiam, the appellate division finds that the lower court improperly dismissed the paternal grandmother's petition for additional visitation with her grandchildren due to the mother's cancellation of visits. The grandmother is entitled to a hearing on her allegations that the mother interfered with her visitation rights and whether that conduct warrants a modification of the visitation order. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02201, Categories: family Law
J. Stone finds that the trial court should not have recused a judge in this divorce case based on the husband's claim of impartiality. There was no evidence that the judge was “biased, prejudiced, or interested in the cause” of this matter. Reversed and vacated.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 24, 2024, Case #: 55,605-CA, Categories: Evidence, family Law
J. Joyce finds the trial court properly continued a FAPA restraining order against respondent after finding him to be a continuing credible threat to petitioner’s physical safety. “Respondent’s immigration issue continued after the parties separated, and there was a volatile incident between the parties after they separated, the evidence was sufficient.”
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: April 24, 2024, Case #: A180897, Categories: family Law, Restraining Order
J. Langholz finds that a mother's petition to terminate the father's parental rights was properly denied because mental health treatment being administered to the father at the relevant time precluded him from maintaining contact with his son. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: April 24, 2024, Case #: 23-0953, Categories: family Law
J. Ahlers finds that a mother's parental rights were properly terminated since she failed to respond to treatment for long-term substance abuse and mental health problems. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 24, 2024, Case #: 24-0284, Categories: family Law
J. Tabor finds that the parties' parental rights were properly terminated because the father physically abused the children, and the mother, who was homeless, suffered an untreated substance abuse problem. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 24, 2024, Case #: 24-0327, Categories: family Law
J. Combs finds the district court properly terminated the mother and father's parental rights. The medical examiner testified the 15-year-old daughter reported abuse that had occurred for a number of years, which led to an examination confirming the abuse and the doctor's contacting police. Multiple witnesses with law enforcement and protective services testified to the mother and father's dismissive behavior and unwillingness to take part in a safety plan. The mother lacks standing to challenge the constitutionality of the Indian Child Welfare Act and the trial court did not violate her right to equal protection by failing to apply the Act's heightened burden of proof. Affirmed.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: April 23, 2024, Case #: 120910, Categories: family Law, Native Americans, Guardianship
J. Navarro-McKelvey finds that the lower court properly granted sole legal and physical custody of the parties' three children to the father. The court was not required to consent to a parenting plan the father had proposed three years earlier, as the parties were no longer in agreement as to the custody arrangements, so the court was required to determine a custody plan that was in the best interests of the children. Affirmed.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111647, Categories: family Law
J. Carlyle finds that the lower court properly granted summary judgment to the appellee in this dispute involving the validity of the parties' partition agreement. The appellant failed to address "each ground upon which the judgment could have been based." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 23, 2024, Case #: 05-23-00844-CV, Categories: family Law, Contract
J. Pirtle finds the county court properly divided the property in this marriage dissolution. Real estate conveyed to the couple by the ex-husband's parents was correctly found to be marital property, and the ex-husband was not entitled to a credit for the value of a vehicle that was paid off with proceeds from his workers compensation settlement. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-283, Categories: family Law, Property, Workers' Compensation
J. Goldin finds the lower court properly determined it had jurisdiction over this child custody matter. A mother attempted to register and enforce a foreign decree to modify the terms of a divorce decree. The mother and father had been divorced in Utah, but they established that they and the minor child had lived in Williamson County, Tennessee for more than six months, therefore the Utah court lacked subject matter jurisdiction when it entered a Relocation Order in 2022. The lower court properly refused to register and enforce the order, and the mother is not entitled to relief. Affirmed.
Court: Tennessee Court of Appeals, Judge: Goldin, Filed On: April 22, 2024, Case #: M2023-00813-COA-R3-CV, Categories: family Law, Jurisdiction
J. Powell finds the lower court properly denied the father's motion to terminate the parents' shared parenting plan and name him sole residential guardian of their child. Although the mother ignored portions of the plan, denied the father parenting time on several occasions and often spoke to the child about the father in a derogatory manner, she attended therapy sessions and made genuine attempts to correct her behavior while maintaining a strong bond with the child, which made it in the child's best interest for the plan to remain in place. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: April 22, 2024, Case #: 2024-Ohio-1519, Categories: Evidence, family Law
J. Miller finds the trial court properly granted the maternal grandmother's motion for permanent custody and determined the father had abandoned the child. Not only had he failed to visit the child while the mother was still alive, the mother had been granted a protection order against the father, while the grandmother also agreed to allow limited visitation, which prevented a full termination of his rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1535, Categories: Evidence, family Law
J. Miller finds the trial court properly ordered the marital home be sold as part of the couple's divorce. The wife failed to produce evidence she was able to refinance the property to remain there with the children, while there is also no requirement for a court to allow a party to keep the marital home. Meanwhile, although the husband used retirement funds prior to the parties' divorce, he did so to support himself, not as a way to intentionally harm the wife; therefore, the court properly denied the wife's motion to find he committed financial misconduct. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1533, Categories: Evidence, family Law
J. Lynch finds the lower court properly denied the wife's motion for a spousal support modification. The court used up-to-date income numbers, while evidence in the record indicated the current support amount allowed the wife and children to leave comfortably, with ample funds for personal expenses. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: April 22, 2024, Case #: 2024-Ohio-1526, Categories: Evidence, family Law