11 results for 'cat:"Constitution" AND cat:"Family Law"'.
J. Stadtmueller finds that all of the claims in the citizen's pro se lawsuit against the Milwaukee County Clerk of Courts, the Milwaukee County Sheriff, judges and other court officials over his family law case, including those alleging false arrest, abuse of process and First Amendment violations, must be dismissed. All of the currently named defendants are dismissed and replaced with John Doe placeholders, and the citizen is given until May 29, 2024, to file a new amended complaint, or his entire lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 8, 2024, Case #: 2:23cv1361, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, family Law
J. Bradley finds the circuit court properly denied the biological mother's petition to allow her non-marital partner of more than 10 years to legally adopt her child. The circuit court correctly interpreted the relevant Wisconsin law, which, among other things, prohibits the adoption of a child by someone who is not the spouse of the biological parent. Because Wisconsin's adoption statutes do not involve a fundamental right or a protected class under either the U.S. Constitution or Wisconsin Constitution, and because there is a rational basis for the restrictions in the adoption statute, the mother and partner's challenge under the equal protection clause of the 14th Amendment fails. Affirmed.
Court: Wisconsin Supreme Court, Judge: Bradley, Filed On: April 30, 2024, Case #: 2022AP001334, Categories: constitution, family Law
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that her constitutional rights were violated when certain drug test results were admitted via a business record affidavit "without a sponsoring expert witness." However, the Sixth Amendment right to confrontation pertains to criminal prosecutions, and the mother's termination case is civil in nature. Additionally the exhibits are cumulative of other evidence regarding her alleged drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: April 2, 2024, Case #: 07-23-00386-CV, Categories: constitution, Evidence, family Law
J. Ohta grants the parents' motion for partial summary judgment concerning claims that the county violated their parental rights by forcing their children to undergo "invasive examinations" while in protective custody. The parents had a constitutional right to participate in their children's medical treatment while they were in the county's custody and did not consent to their children being vaccinated and subjected to forensic medical examinations.
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 1, 2024, Case #: 3:21cv1102, NOS: Other Civil Rights - Civil Rights, Categories: constitution, family Law
J. Herndon grants a reporter's petition for a writ of mandamus challenging local rules of access to child custody proceedings. The reporter's access was denied due to the father's request the court seal the record. A court's failure to consider whether to close on a case-by-case basis falls short of the requirement that closure be tailored to serve a compelling interest. Because family law proceedings are presumptively open and the local rules at question preclude the court from applying the case-by-case balancing test, they are unconstitutional.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 15, 2024, Case #: 85195, Categories: constitution, family Law, Public Record
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. Douglas finds the district court properly denied qualified immunity to employees of the Texas Department of Family and Protective Services, which had found exigent circumstances justified the emergency removal of the 4-year-old child from his mother without parental consent or court order. The removal of a child without parental consent, court order or exigent circumstances violates clearly established rights of the child and mother, which precludes qualified immunity. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: January 3, 2024, Case #: 23-20107, Categories: constitution, family Law, Agency
J. Flood finds the trial court properly dismissed the grandparents' action for custody of their grandchild. The mother's initial allowance of visitation and financial support did not grant them constitutionally protected status, given they were not in a romantic relationship or the parent of the child. Additionally, the death of the grandparents' son, the child's father, did not create a new family unit that would entitle them to custody, and because there are no allegations of abuse or neglect, they cannot bring claims for visitation or custody. Affirmed.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: September 5, 2023, Case #: COA23-163, Categories: constitution, Evidence, family Law
J. Robinson finds the trial court properly denied the husband's motion to enforce the ketubah prenuptial agreement signed by he and his wife. Doing so would have required interpretations of Jewish law for the purposes of property division, which would have violated the Establishment Clause. Meanwhile, the award of $5,000 in monthly alimony payments for 15 years to the wife was supported by credible evidence, including the husband's employment as a rabbi in 2021 for a salary of $202,000, and was not unfair, given the couple's assets were divided equally and the husband received the marital residence. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 5, 2023, Case #: SC20664, Categories: constitution, family Law, First Amendment
J. Barrett finds that the district court improperly held that congress lacked authority to enact the Indian Child Welfare Act of 1978, which requires that Native American children removed from their homes be placed with other Native American families, because congress has been granted broad power to enact laws related to Native Americans. Reversed in part.
Court: US Supreme Court, Judge: Barrett, Filed On: June 15, 2023, Case #: 21-376, Categories: constitution, family Law, Native Americans