7 results for 'cat:"Family Law" AND cat:"Jurisdiction" AND cat:"Guardianship"'.
J. Harrison finds the circuit court properly dismissed the father's appeal of the order terminating his parental rights. The Department of Human Services exercised custody of two of the children after their infant sibling died and the crime lab discovered drugs in the body. The children have achieved permanent placement, and all evidence supports termination. The court lacked authority to reopen the case once the children achieved permanency. The dependency-neglect case is closed, and there is no jurisdiction to reopen. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-737, Categories: family Law, jurisdiction, guardianship
J. Hixson finds the circuit court properly entered certain child support and visitation orders in favor of the ex-husband. After a divorce, the wife remarried and changed states of residence multiple times pursuant to her new husband's transfers with the Navy. The ex-husband's orders for support and visitation were amended with each move. The mother's request to change venue was properly denied because the Arkansas court has exclusive, continuing jurisdiction over the child custody determination. The record does not reflect that the mother's filing the motion in Rhode Island violated any order by the Arkansas court, and the contempt finding against is her reversed. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: March 6, 2024, Case #: CV-22-432, Categories: family Law, jurisdiction, guardianship
J. Perluss denies as moot the father’s appeal of the juvenile court’s removal of his children. The children were removed from the father and placed with their mother after the family services agency determined that the parents engaged in physical and verbal altercations in the presence of the children. Prior to the father’s filing, the juvenile court terminated its jurisdiction and issued joint legal and physical custody based on the parent’s mediated agreement. Neither the juvenile court or court of appeals has jurisdiction to hear the issues.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 9, 2023, Case #: B317838, Categories: family Law, jurisdiction, guardianship
J. Cameron finds the trial court properly granted the mother sole legal and physical custody of the couple’s children. Though the couple originally met, married and had their children in California, when the marriage faltered the mother returned to her home state of Michigan and brought the children. Legal proceedings in both California and Michigan eventually led to the Michigan court ruling that the California court did not have jurisdiction, awarding the mother custody in Michigan. The California court lacked subject-matter jurisdiction because the children did not reside there in the six months preceding the father’s filing of the child custody petition in that state. This is also consistent with California precedent. Affirmed.
Court: Michigan Court of Appeals, Judge: Cameron, Filed On: July 20, 2023, Case #: 363362, Categories: family Law, jurisdiction, guardianship
[Consolidated.] J. Walker vacates the lower court’s order terminating a Pennsylvania couple’s rights to their two adopted children and one biological child following an incident at a relative’s home where the mother became choked one of the adopted sons for singing a song. Though correct to assert temporary jurisdiction, the court finds the judge erred by failed to make a record of her communication with the Pennsylvania court declining jurisdiction prior proceeding to disposition and issuance of her order terminating the parent’s rights. Vacated and remanded with instructions.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 8, 2023, Case #: 22-0384, Categories: family Law, jurisdiction, guardianship
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J. Bishop finds the district court, in this paternity suit, properly established the paternity of the child, awarding sole custody to the mother and ordering the father to pay support and fees. The father challenges Nebraska’s jurisdiction; and though Iowa is the child’s home state, the mother had moved to Nebraska in order to escape the abusive relationship with the father. Iowa has also declined jurisdiction, all supporting Nebraska’s jurisdiction. There is no abuse of discretion in the court’s orders for support and fees. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 6, 2023, Case #: A-22-317, Categories: family Law, jurisdiction, guardianship
J. Johnson finds the county court properly terminated the mother’s parental rights to her three minor children. The department of protective services received a report of neglectful supervision and meth manufacturing in the home, and the trial court found by clear and convincing evidence that statutory grounds existed for termination. The mother was not originally present at bench trial due to her involvement in court-ordered treatment. Recess was called and the trial resumed at a later date when the mother could be present. The trial commenced before the statutory automatic dismissal date, leaving the court with jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-23-00021-CV, Categories: family Law, jurisdiction, guardianship