75 results for 'cat:"Family Law" AND cat:"Due Process"'.
Per curiam, the Nevada supreme court grants the petition for a writ of mandamus challenging the denial of a petition for temporary guardianship over minor children. The grandparents filed a petition for general guardianship, explaining that the children had been exposed to unsafe conditions living with their mother and her new partner with a criminal background. The petition was denied without prejudice for failure to provide proof of proper service. The mother filed an objection, and the children filed to appoint the grandparents as temporary guardians pending a decision on general guardianship. The court denied the petition without a hearing, failing to give the request consideration.
Court: Nevada Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: 88027, Categories: family Law, due Process, Guardianship
J. Gibbons finds the district court properly awarded primary custody of the divorced parties' child to the father. Though the mother says the summons was sent to a previous address and that she did not receive proper service, she did not seek dismissal. Seeking adjudication on the merits, she effectively consented to the court's jurisdiction and waived dismissal based upon a failure to effectuate service. The record supports the court's denial of the mother's request for child support arrears. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 12, 2024, Case #: 87208-COA, Categories: family Law, due Process, Guardianship
J. McBray finds the lower court improperly terminated a mother’s parental rights to one of her children on grounds of severe child abuse, abandonment by failure to visit, abandonment by failure to provide a suitable home, persistence of conditions, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody. On the day of trial, the mother was late to court due to a job interview, of which counsel had been notified, but mother’s counsel moved to withdraw, and the lower court erroneously granted it, informing the mother when she arrived that she would have to represent herself. The instant court finds the record does not support the lower court’s argument that the mother waived her right to counsel. The matter is remanded for further proceedings. Vacated.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: April 5, 2024, Case #: E2023-01112-COA-R3-PT, Categories: family Law, due Process
J. Welch finds the trial court properly modified the custody order granting the father more parenting time. The court properly found the mother interfered with the father and child's relationship, which constituted a change in circumstances affecting the child's best interests. However, the court improperly required the mother to provide support while denying her benefit without showing the source is her own income. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-311, Categories: family Law, due Process, Guardianship
J. Adams finds the lower court properly terminated the parental rights of a mother to her minor child. The child was removed from mother’s care when the juvenile court found the mother’s marijuana abuse, mental health issues and environment proved a substantial risk of harm to the child. The mother argues that her due process rights were violated when her parental rights were terminated, because the juvenile court was not required to consider her potential to change, as she, at the age of 17, is a teenager. The instant court finds no error by the lower court, as the record shows that the mother failed to comply with the reunification plan, her right to due process was not violated, and the decision is one where the needs of the child were placed as the priority. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: March 28, 2024, Case #: B330106, Categories: family Law, due Process, Juvenile Law
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J. Jewell finds that the trial court properly entered a final decree of divorce after it denied the incarcerated ex-husband's request for a bench warrant. The ex-husband did not give adequate information for the court to evaluate the request for a bench warrant. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 26, 2024, Case #: 14-23-00270-CV, Categories: family Law, due Process
J. Welch finds the county court improperly ordered the child's custody should continue with the Department of Health and Human Services. The child was removed due to the mother's history with drugs, as well as her history of relationships with violent men. Although the evidence, including a psychological evaluation of the mother, supports the court's order, the court failed to make written findings as to the mother's history and fitness. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 19, 2024, Case #: A-23-594, Categories: family Law, due Process, Guardianship
J. Saris partially denies a state child advocacy organization’s motion to dismiss claims brought against it by the parents of children who were removed from their custody without a warrant after an emergency room doctor saw that the parents’ youngest child had rib fractures. The parents did not consent to entry of their home and were threatened with force, the children’s pediatrician had no concerns about either of their children and there was plenty of time to get a warrant or court order.
Court: USDC Massachusetts, Judge: Saris, Filed On: March 14, 2024, Case #: 1:23cv10957, NOS: Other Civil Rights - Civil Rights, Categories: family Law, due Process, Police Misconduct
J. Stiglich grants the two minor children's petition for mandamus challenging the district court's denial of their grandparents' petition for guardianship. The grandparents sought guardianship, saying the children were exposed to unsafe conditions with their mother, who was living with a partner with whom the children felt unsafe. The court found no emergency existed since the grandparents did not seek guardianship over all four of their daughter's children. As it was the two children who filed the petition, as opposed to the grandparents, the failure to seek temporary guardianship over all four cannot form a basis for the conclusion that no emergency existed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 8, 2024, Case #: 88027, Categories: family Law, due Process, Guardianship
J. Edmondson finds the trial court properly terminated the mother's parental rights. Findings regarding the mother's failure to protect, illegal drug use, financial and mental health instability, and incarceration, all support termination. Affirmed.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: March 5, 2024, Case #: 120735, Categories: family Law, due Process, Guardianship
J. Moore finds the county court properly modified the ex-husband's child support obligation. The court properly gave him a year to pay because the ex-husband must reimburse the ex-wife retroactively for more than a year of expenses. But, because the court did not order either party to provide health insurance for a child, it erroneously failed to order cash medical support. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-149, Categories: family Law, due Process, Contract
J. Tailor finds that the lower court improperly granted the mother's petition on behalf of her daughter for an order of protection against the father on the basis of alleged sexual abuse. The trial court's decision to question the 18-year-old girl in camera about her preference regarding allocation of parental responsibility violated the father's due process rights, as he was prevented from challenging her credibility through cross-examination. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: February 23, 2024, Case #: 230935, Categories: family Law, due Process
J. Gallagher finds the lower court properly denied the father's motion to amend his filings to include arguments regarding custody of the child. The mother did not consent to litigate the issue of custody at the hearing intended solely to determine whether the father received adequate parenting time under the couple's shared parenting plan; therefore, any discussion of that issue by the father would have violated the mother's due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 22, 2024, Case #: 2024-Ohio-661, Categories: Civil Procedure, family Law, due Process
J. Barrett finds the county court improperly determined the biological father's consent was not required for his children to be adopted by their stepfather. While the biological father did not support his children and did not communicate with them, his contact with the children would have violated a protective order entered in favor of the mother. Also, the court directly affected the outcome by its failure to rule on a previous paternity petition and to set support and visitation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CV-22-426, Categories: family Law, due Process, Restraining Order
J. Riedmann finds the county court improperly dismissed the biological father’s application to set aside the stepparent adoption. The mother claimed the father had abandoned the child and that she did not need his permission for the adoption, and the father asked the matter be set for hearing. The court found the application to sound in equity and that it lacked jurisdiction. Furthermore, the court said the hearing was to determine whether the application should be heard, then ruled an evidentiary hearing should be held. The court did not decide the merits, which remain pending. Reversed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 6, 2024, Case #: A-23-429, Categories: family Law, due Process, Guardianship
J. Moore finds the county court properly denied the mother's request to relocate the child shared with her ex-husband. Though the mother had originally been given primary custody, this was modified to joint custody after the mother moved with the child out of state with her new husband. Though the county court incorrectly found that there was no legitimate reason for the move, being the mother's new husband had found a higher-paying job, the mother failed to show the move was in the best interest of the child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 30, 2024, Case #: A-23-257, Categories: family Law, due Process, Guardianship
J. Crouse finds affidavits from the wife's attorney and two expert witnesses were sufficient to allow the trial court to award the exact amount of attorney fees requested, especially considering the wife was successful on all the post-divorce claims filed by the husband. Meanwhile, the husband's absence from the attorney fees hearing did not violate his due process rights because the hearing was delayed twice at his request, which allowed the trial court to deny his third motion for a continuance. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: January 26, 2024, Case #: 2024-Ohio-266, Categories: family Law, due Process, Attorney Fees
Per curiam, the court of appeals denies the husband's petition for mandamus challenging the court's order awarding temporary support to the wife during divorce proceedings. The wife sought eight months of temporary support to be funded by a trust clearly shown to contain the necessary amounts. The husband failed to timely seek mandamus relief and failed to offer a justification for the delay. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 24, 2024, Case #: 12-24-00003-CV, Categories: family Law, due Process, Banking / Lending
J. Clark finds the trial court violated the husband's due process rights when it failed to conduct a full hearing after it granted the wife's motion to reopen the parties' dissolution agreement because of issues regarding a disability insurance policy. The husband was the only witness who could provide evidence to contradict the wife's claim she was entitled to a portion of the insurance benefits, and because the court refused to allow either party to question the husband, it lacked the authority to issue its eventual restructuring of monetary obligations. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 5, 2024, Case #: AC45315, Categories: family Law, Fraud, due Process
J. Smith finds the husband's due process rights were not violated by the trial court's denial of his motion to continue the hearing on a protective order. The hearing had already been delayed once and he failed to submit any interrogatories to the court by its deadline, which would have allowed for more discovery. Meanwhile, the trial court properly denied the husband's request for a polygraph test because the wife objected to the results of the test, which rendered them inadmissible under Ohio law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: December 29, 2023, Case #: 2023-Ohio-4822, Categories: family Law, due Process
J. Slieter affirms the district court's modification of a grandparent-visitation order which allowed a child to live with her mother in Massachusets and required the grandparents to visit her there. A state law provision requiring a custodial parent to obtain a court order or consent of another parent with parenting time to move to another state does not apply to grandparent-visitation rights when there is no parenting-time order with another parent. The district court also acted within its discretion when properly applying a different state law concerning modification of parenting-time orders. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Slieter, Filed On: December 11, 2023, Case #: A23-0331, Categories: family Law, due Process
J. Stiles finds that the trial court properly ordered the ex-husband to pay the ex-wife $115,936 as an equalizing payment relating to the partition of the community property. The ex-husband's argument that the trial court should have given him more assistance since he was a pro se litigant is without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: December 6, 2023, Case #: CA-23-299, Categories: family Law, Property, due Process
J. Boomgaarden finds that the lower court properly terminated a mother's parental rights to her child. The mother claims the lower court improperly allowed the termination hearing to continue when she was physically absent from the courtroom and was allowed to testify by phone. She has not shown how there was any risks for her or her due process rights by being allowed to take part in the proceedings via phone. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: December 5, 2023, Case #: S-23-0076, Categories: family Law, due Process
J. Thyer finds the circuit court properly denied the great aunt and uncle's petition for adoption after parental rights were terminated. The foster parents sought adoption but did not intervene in the dependency-neglect proceedings where the relative placement determinations were made until after termination. Following a termination of parental rights, relatives are no longer given preference over foster parents. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: November 29, 2023, Case #: CV-23-256, Categories: family Law, due Process, Guardianship