446 results for 'cat:"Evidence" AND cat:"Family Law"'.
J. Stiglich finds the district court properly denied the father's motion to modify child support. The California support order was registered in Nevada and the father filed the motion arguing that the parties' financial circumstances had changed. The matter was referred to a master who rejected the claim, calculating income and support, and the district court denied the father's objections to the report. The father says that referring the matter to the master is an unconstitutional delegation of judicial power, though he was notified of the motion being referred and did not object. He has waived the argument against referral. No abuse of discretion is found. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: May 30, 2024, Case #: 85049, Categories: evidence, family Law, Judiciary
J. Chehardy finds that the trial court properly determined that it was in the best interest of the parties' children to grant their mother sole custody, with the father granted visitation every other weekend. The evidence of the older child's suicide attempt and his threat to commit suicide if made to go to his father’s house supported a finding that a change in circumstances materially affecting the children’s well-being had occurred since the prior order of custody. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: May 22, 2024, Case #: 24-CA-6, Categories: evidence, family Law
J. Thompson finds that the trial court should not have granted the abuse prevention order against a husband for yelling at his wife, acting like he was going to hit her, and threatening that he would have a “gun for me if I ever tried to leave with the baby.” In this case, the wife requested the hearing officer dismiss the protective order, and there were no incidents of physical abuse or of law enforcement being called. Reversed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: May 22, 2024, Case #: 55,685-CA, Categories: evidence, family Law
J. Ellender finds that a child was properly adjudicated a child in need of care because there was evidence admitted establishing that the child's parents had significant drug problems and that the child was being raised by his grandmother. Further, the mother was facing incarceration for drugs, and the state investigator interviewed the mother and determined she was not fit to care for the child. Also, the alleged father has no right to challenge the adjudication because he has not taken the necessary steps to establish paternal filiation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender , Filed On: May 22, 2024, Case #: 55,814-JAC, Categories: evidence, family Law
J. Christopher finds that the father's parental rights to his child were properly terminated based on sufficient evidence to support the predicate finding as to endangerment. The evidence showed the father failed to seek medical help for the child when he was in medical distress on two occasions. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: May 21, 2024, Case #: 14-24-00125-CV, Categories: evidence, family Law
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J. Carlyle finds that the lower court properly entered a divorce decree, naming the mother sole managing conservator of the child and awarding her "a disproportionate share of the marital estate." Contrary to the father's argument on appeal, the lower court did not err in excluding certain evidence under Rule 193.6 or by refusing to consider his affidavits, which were "attached to his motion for ex parte relief." Also, the property division was not an abuse of discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 21, 2024, Case #: 05-22-01296-CV, Categories: evidence, family Law, Property
J. Smith finds the trial court properly granted the father physical custody of the couple's daughter. Evidence in the record showed he had cared for and raised the daughter primarily on his own and, therefore, was best-suited to continue providing care, while the mother previously had another child removed from her custody and failed to show she had stable employment or housing to provide a safe environment. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 21, 2024, Case #: 2022-CA-1150, Categories: evidence, family Law
J. Wilson finds the lower court's division of the marital assets was based on a proper analysis of all required factors, including the couple's earning capacity, lifestyle and the reasons for their divorce. Therefore, the court properly allocated the possessions in a cabin to the husband, especially considering the wife provided no estimate of the property's value that would have resulted in an unfair distribution of assets. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Wilson, Filed On: May 21, 2024, Case #: 2022-CA-1175, Categories: evidence, family Law
J. Welch finds the juvenile court properly terminated the father's parental rights. The removal case arose from reports of domestic violence and was initially voluntary. The family received support services, a safety plan and therapy for the children, though the case later became involuntary due to concerns of inappropriate discipline and physical abuse by the father. A child's expressing of a desire to harm himself because of his home environment supports the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 21, 2024, Case #: A-23-821, Categories: evidence, family Law, Guardianship
J. Fridy finds that the lower court improperly ordered a change in the child's last name, specifically to include a hyphen and the father's surname. The father did not establish that the change would be in the child's best interest. The rest of the judgment is due to be affirmed, however, including the custody determination awarding "the mother and the father joint legal and joint physical custody, rotating physical custody week to week." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: May 17, 2024, Case #: CL-2023-0561, Categories: evidence, family Law
J. Gallagher finds that the juvenile court properly terminated a father’s parental rights to his minor child and awarded permanent custody to the county family services department due to parenting and substance abuse by both parents. He alleges that the decision was not supported by the weight of evidence, denial of continuance, errors in evidentiary rulings and ineffective assistance from counsel. The evidence indicates that the child’s best interest is to be in permanent custody, and no errors were found in the proceedings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 16, 2024, Case #: 2024-Ohio-1885, Categories: evidence, family Law, Guardianship
J. Smith finds that the trial court properly terminated the father's parental rights to his child. There was sufficient evidence to support the predicate ground of endangerment and the best-interest finding. This includes the father's "history of recurring substance abuse" and "drug-related incarceration." Also, the child was "very attached" to his foster family, which was able to provide him a safe and stable home. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 16, 2024, Case #: 10-24-00002-CV, Categories: evidence, family Law
J. Delaney finds the trial court properly granted permanent custody of the child to family services. The father failed to remedy issues that led to the initial removal, including domestic violence incidents with the mother and drug addiction; therefore, he could not provide a safe and stable environment for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: May 15, 2024, Case #: 2024-Ohio-1872, Categories: evidence, family Law
J. Miskel finds that the lower court properly terminated the mother's parental rights to the child. The mother's counsel has indicated that the appeal is without merit, and the court agrees. The evidence shows that the mother had a history of incarceration and that she tested positive for methamphetamines during the pending case. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 15, 2024, Case #: 05-24-00159-CV, Categories: evidence, family Law
[Consolidated] J. Moore finds the juvenile court properly denied the state's motions to terminate the father's parental rights. The state became involved when the mother’s youngest child, a half-sibling of the father’s children, tested positive for drugs at birth. The father, with a history of drug abuse, was in jail at the time of the filings. Though the children have been in foster care for a large part of their lives, because of the positive father/child relationship, his expressed desire to parent them and his success in following his case plan, the state was unable to prove by clear and convincing evidence he is an unfit parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: May 14, 2024, Case #: A-23-631, Categories: evidence, family Law, Guardianship
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child. The father failed to adequately preserve his due process argument. Additionally, the evidence sufficiently supports the lower court's best interest finding as to the mother. The record indicates that the mother was "living in a hotel at the time of the trial" and that she had a history of drug abuse. Additionally, the foster parents provided the child with a good home. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 14, 2024, Case #: 05-23-01255-CV, Categories: evidence, family Law
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates that the child "suffered a life-threatening crisis by ingesting methamphetamine" while in the mother's care and that the mother failed to "maintain a drug-free lifestyle" as required. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 14, 2024, Case #: 07-23-00442-CV, Categories: evidence, family Law
J. McClarty finds that the trial court improperly terminated a mother’s parental rights on the grounds of abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, and substantial noncompliance with the permanency plans. The trial court properly terminated the parental rights for the persistence of conditions which led to removal, severe child abuse and failure to manifest an ability and willingness to assume custody of the child. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed in part. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 14, 2024, Case #: W2022-01312-COA-R3-PT, Categories: evidence, family Law
J. Waldick finds the trial court properly terminated the father's parental rights and granted permanent custody of the child to family services. He only visited the child once in person throughout the duration of his custody case, refused to enroll in anger management classes as part of his case plan and did not complete the majority of the objectives in that case plan. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: May 13, 2024, Case #: 2024-Ohio-1846, Categories: evidence, family Law
J. Elgo finds the trial court properly granted the husband's motion for summary judgment on fraud and unjust enrichment claims. The wife's admission she knew her two children were not the husband's biological children was sufficient to prove the transfer of more than $187 million from the husband was coerced under false pretenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: May 10, 2024, Case #: AC45745, Categories: evidence, family Law, Fraud
J. Harper finds the lower court properly terminated the mother's parental rights. She not only continued to have contact with the children's abusive father, who stabbed her in front of the children, but also failed to complete required counseling sessions and lacked a clear understanding of the children's emotional needs, as evidenced by her allowing one to play violent video games that involved knives. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: May 9, 2024, Case #: AC46612, Categories: evidence, family Law
J. Contreras finds that the lower court properly terminated the father’s parental rights to his daughter. The evidence sufficiently supports the statutory grounds for termination, specifically that he failed to comply with certain “requirements ordered by the court.” Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: May 9, 2024, Case #: 13-24-00040-CV, Categories: evidence, family Law
J. Worthen finds the trial court properly terminated the divorce proceedings. Though the couple were previously in a romantic relationship for more than 20 years, they agree that no ceremonial marriage ever occurred, nor did they ever file a declaration and registration of an informal marriage. General, conclusory statements from a witness with whom the couple socialized are not sufficient to raise a fact issue as to whether they represented to others they were married. No evidence presented raises a fact issue as to a formal or informal marriage existing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00230-CV, Categories: evidence, family Law
J. Gannam finds the trial court improperly applied the correct legal standards when finding the father contributed to the children’s dependency status after basing the decision on the belief the father's corporal discipline was abusive. There is not enough evidence to prove the father “engaged in conduct placing [the kids] at substantial risk of imminent abuse.” Therefore, this case is remanded for the children’s placement with the appropriate proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: May 8, 2024, Case #: 6D24-105, Categories: evidence, family Law
J. Lawrence finds the lower court properly named the wife sole residential parent of the child. Although both parents were actively involved in the child's life, the husband's short temper and history of excessive spanking made the wife's home a safer and more suitable environment. Meanwhile, the award of child support over the statutorily required amount was supported by evidence in the record, including a joint decision to send the child to private school and the fact the husband was not working to his full earning capacity at the time of the separation. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 8, 2024, Case #: 2022-CA-804, Categories: evidence, family Law
J. Powell finds the lower court properly granted permanent custody of the children to family services. Although one of the children expressed a desire to be reunited with his siblings, the father's incarceration and mother's abandonment of the children for a year during the custody case prevented them from providing a safe and stable home for the children. The mother also refused to complete large portions of her case plan and continued her relationship with the father, despite his social and mental health issues and continued abuse of cocaine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: May 6, 2024, Case #: 2024-Ohio-1732, Categories: evidence, 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. 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