341 results for 'cat:"Civil Procedure" AND cat:"Family Law"'.
J. Eckerle finds that grandparents were properly denied requests to bring motions for child support, discovery, and permanent custody during the period that their temporary custody was in effect because the motions were not ripe for consideration until permanent placement of their grandchild had been established. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: May 3, 2024, Case #: 2023-CA-0941-ME, Categories: civil Procedure, family Law, Discovery
J. Clark finds the lower court properly granted the adopted descendants' motion for summary judgment on claims filed by the blood relative of the trust's founder. Although one of the descendants had been adopted as an adult, the original trust decree was not a distribution of assets that would have precluded payments to adopted children. Additionally, although the will and trust were executed prior to a 1991 Connecticut law amendment that presumptively included adopted children as beneficiaries, there is no language in the will that indicates the decedent intended to exclude any adopted children or grandchildren. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: May 3, 2024, Case #: AC46257, Categories: civil Procedure, family Law, Wills / Probate
[Consolidated.] J. Beam finds the lower court erroneously terminated family services' custody of the child and dismissed it from the custody case without a hearing. The relief awarded to the petitioners was permanent in nature and required more than the in-chambers "discussion" conducted by the court; therefore, the department will be reinstated and the case remanded for a proper hearing. Reversed.
Court: Mississippi Supreme Court, Judge: Beam, Filed On: May 2, 2024, Case #: 2023-IA-813, Categories: civil Procedure, family Law
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Pritzker finds that a mother's appeal from an order to vaccinate one of her five children against Covid-19 should be dismissed as moot. All the children were temporarily removed from her custody at one point, and vaccination had been sought for the middle child so he could remain in a residential facility due to his autism and related behavior. The vaccination occurred and the children were returned to the mother's care, and thus no controversy remains.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 2, 2024, Case #: 535362, Categories: civil Procedure, family Law
J. Suarez finds the failure by the mother's attorney to object to family services' amendment request immediately before the close of the trial concerning her parental rights did not constitute ineffective assistance. Such requests are allowable under the governing procedural guidelines and, in any case, the subject of the amendment request - the mother's failure to comply with a rehabilitation plan - had been fully briefed and discussed during the trial. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: May 2, 2024, Case #: AC46641, Categories: civil Procedure, Evidence, family Law
J. Alley declines to issue a petition for writ of mandamus vacating discovery-related orders in a divorce case. The relator ex-husband, who is a lawyer, argued discovery requests from his lawyer ex-wife could improperly require him to produce “attorney-client and work-product documents,” but the lower court has not yet ruled on privilege issues and, therefore there is “no clear abuse of discretion.”
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 30, 2024, Case #: 08-24-00026-CV, Categories: civil Procedure, family Law, Discovery
J. Partida-Kipness conditionally grants the mother's petition for a writ of mandamus, in which she challenges certain orders in the underlying proceeding, granting the child's paternal grandfather "rights of possession and access." The rulings were an abuse of discretion, as the grandfather failed to establish standing to bring suit, due to his affidavit being deficient. Accordingly, the lower court lacked jurisdiction, and the grandfather's petition should be dismissed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 29, 2024, Case #: 05-23-00812-CV, Categories: civil Procedure, family Law
J. Lewis finds that the lower court properly terminated the mother's parental rights to the child. The mother contends that the lower court erred by denying her attorney's oral motion for a continuance. However, she failed to preserve her due process argument for appellate review. Additionally, the ruling was not an abuse of discretion. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0765, Categories: civil Procedure, family Law
[Consolidated.] J. Lewis finds that the lower court improperly ruled in this divorce proceeding. Specifically, the lower court failed to make certain findings in support of the periodic alimony award. Accordingly, the lower court must also "reconsider the division of marital property along with its determination of the alimony issue." The child support award should also be reconsidered, based on a failure to include all of the husband's income. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0584, Categories: civil Procedure, family Law
J. White finds the trial court erred when striking a mother and father’s parenting plan sua ponte, without the proper notice. The mother petitioned the appeals court for writ of prohibition or certiorari quashing the trial court’s order, as neither party had requested the plan to be struck. The court concludes her review should be an interlocutory appeal. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: April 19, 2024, Case #: 6D23-2856, Categories: civil Procedure, family Law
J. Moore finds that the lower court improperly awarded the father visitation, "with the right to delegate his visitation rights" to the paternal grandparents. The ruling was improper, as it was "the equivalent of awarding the paternal grandparents visitation rights," without meeting certain requirements under the Grandparent Visitation Act. Accordingly, the case is remanded with instructions. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: April 19, 2024, Case #: CL-2023-0201, Categories: civil Procedure, family Law
J. Baldwin finds the lower court properly denied the great-grandparents' motion for custody and granted family services' motion for permanent custody of the children. Although the great-grandparents were willing to care for the children, the parents' failure to make any progress in their case plans greatly diminished the probability the children would ever be returned to their custody and allowed for the termination of their parental rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: April 19, 2024, Case #: 2024-Ohio-1505, Categories: civil Procedure, Evidence, family Law
J. Longoria finds that the lower court properly determined that Louisiana law applies to the validity of the premarital agreement at issue in this divorce case. The parties were married in Louisiana and purportedly signed the agreement pursuant to the Louisiana Civil Code. On appeal, the wife contends that the lower court erred in finding that "Texas does not have an explicit choice of law directive" as it relates to the purported agreement, but there is no supporting case law for her position. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00449-CV, Categories: civil Procedure, family Law, Contract
J. Zimmerer finds that the trial court properly denied the individual's petition for a name change, specifically to change the style of her name from all capital letters to capital and lowercase letters. Based on the evidence, the individual did not request that her name be changed under the relevant statute. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00677-CV, Categories: civil Procedure, family Law
J. Poissant finds that the trial court was mostly correct when it entered a final decree of divorce for the parties, except as to its determination of the ex-husband's child support arrearage. The evidence shows the ex-husband paid some of the child support during the relevant period, so his arrearage should be lowered from $61,625 to $52,625. Reversed in part.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 16, 2024, Case #: 14-22-00762-CV, Categories: civil Procedure, family Law
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the mother's petition for a writ of mandamus in a child custody case. The motions cited in her initial filing had either been ruled on by the judge in her custody case or were not motions that required a response; therefore, her claims are moot. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 16, 2024, Case #: 2024-Ohio-1387, Categories: civil Procedure, family Law
J. Reichek finds in this restricted appeal that the lower court improperly terminated the mother's parental rights. The mother argues that her attorney "failed to appear at trial," thus demonstrating ineffective assistance of counsel. The court concludes that a "presumption of prejudice is warranted" under the circumstances and remands the case for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: April 9, 2024, Case #: 05-23-01142-CV, Categories: civil Procedure, family Law
J. Hassan finds that the trial court properly terminated the mother's parental rights to her son and appointed the department as the child's temporary managing conservator. The mother's argument that res judicata barred the department's second petition in intervention is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: April 9, 2024, Case #: 14-23-00813-CV, Categories: civil Procedure, family Law
J. Merchant dismisses a Suffolk County father’s civil rights lawsuit alleging the Suffolk County District Court violated his constitutional rights when it granted custody of his children to their mother. His claims concerning the court’s ruling are precluded by the domestic-relations abstention doctrine, the judges involved in the child custody case are entitled to judicial immunity and the remainder of his claims fail to conform to civil procedure by failing to name an official acting under state law.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 8, 2024, Case #: 2:24cv126, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, family Law
J. Mackey finds that the lower court improperly denied a father's motion to vacate a default order issued when he failed to appear at an in-person settlement conference on a petition to eliminate his overnight parenting time because evidence indicated car trouble kept the father from attending the hearing, which did not prejudice mother, since she already was on notice that he would oppose modifying his visitation. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 4, 2024, Case #: CV-23-0419, Categories: civil Procedure, family Law
J. Mackey finds that the lower court properly terminated a mother's parental rights on grounds that she abandoned her son, who had been in foster care since soon after birth. The mother contends due process violations occurred since the abandonment hearing had been held in her absence, but she had been aware of the hearing date, at which her attorney provided "zealous" representation. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 4, 2024, Case #: CV-22-2182, Categories: civil Procedure, family Law