16 results for 'cat:"Family Law" AND cat:"Health Care"'.
J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: family Law, health Care, Contract
J. Gruber finds the circuit court properly adjudicated the children dependent-neglected. The department removed the children after finding evidence the parents were making up symptoms requiring medical treatment. Treating physicians testified no records support any need for the children's treatment for congenital disease. Though the parents objected to a question asked by the prosecution regarding discussions a witness had with a treating doctor, the prosecution was asked to rephrase the question. The parents have not shown prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 10, 2024, Case #: CV-23-598, Categories: family Law, health Care, Guardianship
J. Edwards denies the mother's petition for a writ of mandamus, in which she seeks an order for a forensic examination of the child and the disclosure of the child's mental-health records in the underlying custody dispute. The mother's petition was untimely filed as to her request for a forensic examination, and she fails to adequately argue her issue regarding the child's records.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 16, 2024, Case #: CL-2023-0903, Categories: Civil Procedure, family Law, health Care
J. Tow finds the trial court properly granted the father's motion and allowed the child to be administered a Covid-19 vaccine. No endangerment showing is required before a court can break an impasse between the joint decisionmakers of a minor. Affirmed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: February 8, 2024, Case #: 2024COA12, Categories: family Law, health Care
[Consolidated] J. Pirtle finds the county court properly terminated the mother's parental rights to her two children. The mother has an extensive history with alcohol abuse, including having been in DUI accidents with her children in the vehicle. She also has cognitive impairment from having been kicked in the head by a horse. The mother has demonstrated she is unable to mitigate the effects of her traumatic brain injury, cease from behaving erratically and address her substance abuse problems. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: February 6, 2024, Case #: A-22-684 , Categories: family Law, health Care, Guardianship
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J. Jabar finds that the lower court improperly terminated the mother's parental rights to her older child. The lower court's findings fail to address certain "important issues that must be answered" before establishing whether the mother is unfit. Specifically, the record does not show that "the mother would be unfit even if the Department had met its legal duty" to provide skilled nursing care for the child. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 31, 2024, Case #: 2024ME16, Categories: Civil Procedure, family Law, health Care
Per curiam, the circuit finds the district court properly dismissed the parents' challenge to the FDA's emergency use authorizations for child Covid-19 vaccines. The parents do not allege any facts establishing a similarity to cited cases in which children sought vaccines without parental consent, nor do they allege their children are or will be subject to any vaccine mandates possibly imposed by third parties. The parents have not demonstrated an injury in fact and do not have standing. Associated organizations also have not shown standing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 23, 2024, Case #: 23-50167, Categories: family Law, health Care, Covid-19
J. Guerrero reverses the appeals court's decision affirming the juvenile court's removal of the child from the drug-addicted father. The California Supreme Court granted review to resolve the split of authority regarding the meaning of “substance abuse" within the Welfare and Institutions Code verses the Diagnostic and Statistical Manual of Mental Disorders. Neither definition is essential. The law at issue assigns “substance abuse” its ordinary meaning of excessive use of drugs or alcohol. Though professional diagnoses can be relevant to determining the existence of substance abuse, the statute does not require such proof. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: December 14, 2023, Case #: S274943, Categories: family Law, health Care, Guardianship
J. Barrett finds the circuit court properly refused to terminate the ex-husband’s monthly alimony obligation to his ex-wife. The husband had recently purchased a new home and the court properly considered all alimony factors, also recognizing his decreased ability to pay while still recognizing the wife’s need for alimony due to her health conditions and limited ability to work. The decision to decrease but not terminate alimony was not an abuse of discretion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 4, 2023, Case #: CV-22-410, Categories: family Law, health Care, Contract
J. Klappenbach finds the circuit court properly adjudicated three of the mother’s children dependent-neglected, granting permanent custody of one child to the father. After one of the children was admitted to the hospital for a cough, staff became concerned about the mother’s mental stability as she persistently reported with “pressured and erratic” speech her concerns that the child may have meningitis, HIV, herpes, sepsis or toxic-shock syndrome. The mother was reported to family services after the father told hospital staff that she was using Suboxone and had told him that the child was dying. Whether her behavior was attributable to drug use, a mental health crisis, or a concussion, as claimed, doctors were concerned that she would not provide proper care and supervision for her child. All evidence supports the court’s dependency-neglect finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CV-23-220, Categories: family Law, health Care, Guardianship
J. Jackson finds a lower court properly dismissed a family's declaration of death claims against a hospital. The family argued that their decedent, who was punched in the side of his head by another bar patron, which resulted in his death, was not considered as deceased when his brain stem died. However, the hospital presented sufficient evidence in court that the brain stem controls all essential bodily functions, even though a respirator has the function to artificially sustain life. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: September 27, 2023, Case #: CA-2023-1805, Categories: family Law, health Care, Wrongful Death
J. Logue finds the trial court properly granted the wife's request that the husband produce his medical and psychological records in proceedings over the dissolution of their marriage. The otherwise sensitive records can be produced in the proceedings because the husband himself repeatedly referred to his poor mental and physical health when asking the trial court for relief, so his petition for writ of certiorari is denied.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 16, 2023, Case #: 23-0862, Categories: family Law, health Care
J. Neeley finds the trial court properly terminated the father’s parental rights to his minor daughter. Relevant evidence shows that the father voluntarily left his daughter alone or in the possession of another without providing adequate support and remained away for at least six months, knowingly placed her in conditions and engaged in conduct which endangered her well-being. All fully considered relevant factors regarding the father’s untreated mental illness, including medication that made him violent, supports termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: July 31, 2023, Case #: 12-23-00096-CV, Categories: family Law, health Care, Guardianship
J. Bishop finds the county court sitting as juvenile court properly terminated the mother’s parental rights to her two-year-old daughter. The child had been removed from the mother’s care shortly after birth due to concerns arising from the mother’s screaming at staff, her refusal to sign a treatment order, and her mental health history. After the state gained temporary custody and initiated a case plan with the goal of reunification, the mother failed to make progress, also engaging in conflicts with her attorney and the court. Due to questions as to her mental maturity as well as a past parental termination, all evidence supports that termination is in the child’s best interest. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: July 18, 2023, Case #: A-22-678, Categories: family Law, health Care, Guardianship
J. Sutton finds the trial court properly held for a hospital and its employees in a custody suit filed by the former patient. They are immune as a result of the conservatorship established when the patient was first treated, as it acted only on the conservator's advice when it limited the mother's visitation and eventually removed the patient from her custody. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sutton, Filed On: June 30, 2023, Case #: 2023-Ohio-2225, Categories: family Law, health Care
J. Ortega finds the trial court erred in granting summary judgment to a hospital after a patient, who suffers from paranoid schizophrenia, stabbed his mother. The facts support the conclusion that the hospital and treating doctors owed a duty of care that extended to the patient's mother. Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: June 14, 2023, Case #: A174706, Categories: family Law, health Care