250 results for 'cat:"Family Law" AND cat:"Guardianship"'.
J. Virden finds the trial court properly entered a change of custody order as to the divorced parties’ older minor daughter, and awarding custody of the younger daughter to the father. The trial court analyzed the custody arrangements under different standards, finding the living arrangements had significantly changed due to the father’s relocation. The mother failed to rebut the presumption that the relocation is in the older child’s best interest. The father testified that he had been convicted of sexual assault before the parties married. Though the mother asks the court of appeals to simply reverse and grant her custody, this court cannot act as a fact-finding body, and must reverse and remand for a specific finding on whether father posed no danger. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 4, 2023, Case #: CV-22-382, Categories: Evidence, family Law, guardianship
J. Klappenbach finds the circuit court properly adjudicated three of the mother’s children dependent-neglected, granting permanent custody of one child to the father. After one of the children was admitted to the hospital for a cough, staff became concerned about the mother’s mental stability as she persistently reported with “pressured and erratic” speech her concerns that the child may have meningitis, HIV, herpes, sepsis or toxic-shock syndrome. The mother was reported to family services after the father told hospital staff that she was using Suboxone and had told him that the child was dying. Whether her behavior was attributable to drug use, a mental health crisis, or a concussion, as claimed, doctors were concerned that she would not provide proper care and supervision for her child. All evidence supports the court’s dependency-neglect finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CV-23-220, Categories: family Law, Health Care, guardianship
J. Virden finds the circuit court properly terminated the father’s parental rights to his minor child. The department filed a petition for emergency custody and dependency neglect alleging that the children were removed from the home due to parental drug use, inadequate supervision and medical neglect. The petition was filed after a family service worker dropped by the home to administer a drug test as part of an open dependency-neglect case regarding another sibling. Both parents were not in compliance with the current plan, and both produced cold urine samples. All evidence supports termination. Arguments regarding permanency goals are not preserved and would still fail because the potential family placements for the children are with a maternal relative and any rights of the paternal relatives were not derivative of their relationship with the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 4, 2023, Case #: CV-23-195, Categories: family Law, Due Process, guardianship
J. Hixson finds the circuit court properly terminated the mother’s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect after the children were verified by protective services to be dirty with mildew and dried feces, covered with infected insect bites, lacking electricity and water, and had been seen outside in the road without supervision. The mother’s arguments for reunification lack merit because she has not made progress with her substance abuse program. The court was presented with ample evidence of potential harm to support the best-interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CV-23-243, Categories: Evidence, family Law, guardianship
J. Chung finds that the lower court improperly granted limited guardianship of a minor to the cousins of the child's mother. Under the law, the court is required to appoint the parents' guardian of choice unless there is evidence such a move would not be in the best interest of the child. The lower court did not make any findings on this issue or determine if doing so would be best for the child, so further proceedings are needed. Reversed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: October 2, 2023, Case #: 84755-4-I, Categories: family Law, guardianship
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J. Cadish finds the district court improperly terminated the minor child’s guardianship with his maternal grandmother after being removed from his mother when he tested positive for meth at birth. The termination investigation centered on the death of the child’s twin brother, which CPS originally claimed happened within a few days of the grandmother’s guardianship. The grandmother had the children for several months before the child’s death and no charges were brought after the death was found to have been caused by positional asphyxiation while the child slept. The district court did not give proper notice that it was considering termination such that the parties had a meaningful opportunity to be heard. The court failed to follow due process. Reversed and remanded with directions.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: September 28, 2023, Case #: 84274, Categories: family Law, Due Process, guardianship
J. Stiglich finds the district court properly awarded sole legal custody of the divorced couple’s child to the father for the limited purpose of vaccinating him against Covid-19. Though the parents originally shared custody, they disagreed on whether their 11-year-old child should be vaccinated. The district court correctly found that vaccination was in the child’s best interest based on the pediatrician’s recommendation and government and professional groups’ guidelines and research results. Consideration of other factors presented would not change the result. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: September 28, 2023, Case #: 84685, Categories: family Law, guardianship, Covid-19
J. Gladwin finds that the circuit court improperly ordered that one of the children remain in foster care. Although the dependency-neglect finding is proper as to one of the children since the father committed sexual abuse and the mother took no action to stop it, statute requires that in considering disposition alternatives, the court “shall give preference to the least restrictive disposition consistent with the [child's] best interest.” The court did not make “any findings as to adjudication.” Because the court declined to adjudicate the child dependent-neglect, it cannot jump to the disposition alternative of foster care. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 27, 2023, Case #: CV-23-150, Categories: family Law, guardianship
J. Brown finds that the county court properly denied the grandmother's request for placement, guardianship, or adoption of her daughter's child after a parental rights termination. The court properly considered relative placement, but the child's mother lives in the grandmother's home, bringing continued drug use and environmental factors into play. Also, the grandmother allowed men to live with her who had sexually abused her daughter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 27, 2023, Case #: CV-23-149, Categories: family Law, guardianship
J. Hixson finds the trial court properly denied the grandparents and emergency coguardians of their daughter’s child’s motion to disqualify their daughter's attorney. The attorney worked in a law firm with a now deceased lawyer who represented the grandparents against their daughter in the initial guardianship proceedings and was responsible for disposing of his files. The trial court found the attorney’s testimony showing a lack of knowledge of confidential information was credible, and the grandparents’ evidence failed to show the attorney gained knowledge of any information that would jeopardize the trial’s integrity. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: September 21, 2023, Case #: 120831, Categories: family Law, guardianship