39 results for 'cat:"Civil Procedure" AND cat:"Guardianship"'.
J. Goldman holds that a challenge to the trial court's guardianship order is moot since the order expired before appellate briefing was complete. The statutory one-year period of conservatorships poses an inherent risk of mootness for appeals. Appellants requesting extensions should inform appellate courts of a challenged order's expiration date to allow for a timely good cause evaluation.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 20, 2024, Case #: A166825, Categories: civil Procedure, guardianship
J. Kunselman finds that the juvenile court improperly denied a pair of foster parents’ motion to intervene in the court-ordered removal of a child from their care during dependency proceedings with the child’s mother. The foster parents are allowed to intervene under the “prospective adoptive parent exception” since they have demonstrated that they have a legitimate expectation of adopting the child, since they cared for her for two years beginning one month after her birth. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 13, 2024, Case #: J-A18014-23, Categories: civil Procedure, guardianship
J. Kunselman finds that the lower court improperly denied a pair of foster parents’ petitions to adopt a seven-year-old and a five-year-old due to the lack of a post-adoption contact agreement with the children’s maternal aunt. The decision was unreasonable as it resulted in the children being left without permanency and at risk of being separated from their foster parents, after establishing a bond with them. Reversed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 7, 2024, Case #: J-A25028-23, Categories: civil Procedure, Evidence, guardianship
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J. King finds that the lower court properly denied a man’s petition against a former lover for paternity testing of her child, who was conceived at a time when she was having sexual relations with both her husband and the appellant. The court assumes the paternity of the husband because the marriage is in tact. Affirmed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: March 5, 2024, Case #: J-A02018-24, Categories: civil Procedure, 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. Todd finds that the lower courts improperly relied primarily upon the marital couple’s multiple periods of separation in determining that the presumption of paternity of a child born prior to divorce proceedings was inapplicable. The marital couple’s separation prior to the filing of the paternity action does not necessarily preclude application of the presumption of paternity. Reversed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 29, 2024, Case #: J-61-2023, Categories: civil Procedure, guardianship
J. Bowes finds that the domestic relations court properly granted a lesbian partner’s petition for pre-birth establishment of parentage of the child that her wife conceived through in vitro fertilization before the dissolution of their marriage. There is evidence that the couple had engaged in IVF with mutual intent to conceive and raise the child. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 11, 2023, Case #: J-E02004-23, Categories: civil Procedure, Evidence, guardianship
J. Lazarus finds that the lower court properly entered a dependency order changing the placement goal of a six-year-old child from reunification with her father to permanent legal custodianship with her foster parents. The child’s needs for permanency and stability are best met by her foster parents. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: November 29, 2023, Case #: J-S34010-23, Categories: civil Procedure, guardianship
J. Pellegrini finds that the lower court improperly dismissed the Philadelphia Department of Human Services’ petition for dependency of a minor child after the child was brought to the hospital with “multiple fractures and bruising on her wrist, ribs and elbows that were determined to be non-accidental.” The department presented clear and convincing evidence to support that the child’s parents had caused the injuries. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 13, 2023, Case #: J-A19031-23, Categories: civil Procedure, Evidence, 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
J. Lazarus finds that the lower court did not abuse its discretion in finding a youth services agency displayed a lack of reasonable efforts to remove two minor children from their family home, leading to conditions deteriorating and culminating in the death of the infant sibling. The juvenile court’s decision is supported by competent evidence of record that during the four months the agency was involved with this family, it failed to follow its own policies and failed to adequately assess the family’s needs. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: October 26, 2023, Case #: J-A18030-23, Categories: civil Procedure, Government, guardianship
J. Burns finds that the lower court properly signed a possession order in this guardianship proceeding. Contrary to the mother's argument on appeal, the possession order does not prevent her "from having any possession of the Ward," and it does not give a non-guardian superior rights to her. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: October 12, 2023, Case #: 05-21-00921-CV, Categories: civil Procedure, guardianship
J. Murray finds that the lower court properly granted a father's motion for summary judgment, dismissing a mother’s petition to involuntarily terminate the father’s parental rights to their three-year-old child. The mother cannot relitigate the issue of whether the father raped her, which is the basis for her petition seeking to terminate his parental rights. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 21, 2023, Case #: J-A20030-23, Categories: civil Procedure, guardianship
J. Stevens finds that the lower court properly awarded shared legal and physical custody of a three-year-old boy to his biological father and his late mother’s partner, who believed he was the child’s father, and acted as such, until recent paternity testing. Shared custody is in the child’s best interest. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 6, 2023, Case #: J-S24031-23, Categories: civil Procedure, Evidence, guardianship
J. Kunselman finds that the lower court improperly found a 12-year-old boy was not being cared properly for by his mother and a family friend, following the death of the boy’s sibling. The juvenile court exceeded its authority because the family friend was not a party to the underlying
dependency action. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: August 30, 2023, Case #: J-S23016-23, Categories: civil Procedure, guardianship
[Consolidated.] J. DuBow finds that the lower court improperly terminated a mother and father’s parental rights to their three children under 12 years old. The social services agency failed to prove by clear evidence that the poor housing conditions that led to the removal of the children continues to exist. Reversed.
Court: Pennsylvania Superior Court, Judge: J. DuBow, Filed On: August 9, 2023, Case #: J-A04008-23, Categories: civil Procedure, guardianship
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