8 results for 'cat:"Civil Procedure" AND cat:"Family Law" AND cat:"Guardianship"'.
J. Stevens finds that the trial court properly ordered genetic testing in order to determine the paternity of a six-year-old child. It is in the child’s best interest to know whether his father is the man who was married to his mother at the time of his birth, or his acting father, who was cohabitating with his mother at the child’s time of birth. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: February 12, 2024, Case #: J-A23031-23, Categories: civil Procedure, 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
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
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J. Silva recommends the case proceed to settlement, brought against county employees by two minor children who suffered severe injuries while in the care of their former foster parents. Evidence presented shows the social worker’s carelessness when inspecting a one-year-old child in the custody of a foster parent subject to multiple complaints and allegations of abuse, and that a reasonable jury could conclude that the children's constitutional right to substantive due process was violated. If no settlement is reached, the case will proceed to trial.
Court: USDC Nevada, Judge: Silva , Filed On: July 27, 2023, Case #: 2:20cv103, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, family Law, guardianship
J. Todd finds that the superior court properly found that an orphans’ court improperly terminated a father’s parental rights to his child and subsequently considered an adoption by the child’s mother’s long-term partner. The mother failed to demonstrate proper evidence as to why she and her partner cannot marry. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: July 19, 2023, Case #: J-10-2023, Categories: civil Procedure, family Law, guardianship
J. Herndon finds the family court improperly terminated the father’s parental rights to his minor child due to his abuse of prescription drugs. At the motion to terminate, the father had been sober for months and was successfully participating in his assigned program. The court continued with the trial after learning successful completion of the program would take eight months. The record does not support the finding of parental fault or that termination is in the child’s best interest. Termination is improper when done solely on grounds that the parent has or has had a substance abuse problem. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: July 6, 2023, Case #: 83605, Categories: civil Procedure, family Law, guardianship