119 results for 'cat:"Family Law" AND cat:"Jurisdiction"'.
J. Goldin finds the lower court properly determined it had jurisdiction over this child custody matter. A mother attempted to register and enforce a foreign decree to modify the terms of a divorce decree. The mother and father had been divorced in Utah, but they established that they and the minor child had lived in Williamson County, Tennessee for more than six months, therefore the Utah court lacked subject matter jurisdiction when it entered a Relocation Order in 2022. The lower court properly refused to register and enforce the order, and the mother is not entitled to relief. Affirmed.
Court: Tennessee Court of Appeals, Judge: Goldin, Filed On: April 22, 2024, Case #: M2023-00813-COA-R3-CV, Categories: family Law, jurisdiction
J. Harrison finds the circuit court properly dismissed the father's appeal of the order terminating his parental rights. The Department of Human Services exercised custody of two of the children after their infant sibling died and the crime lab discovered drugs in the body. The children have achieved permanent placement, and all evidence supports termination. The court lacked authority to reopen the case once the children achieved permanency. The dependency-neglect case is closed, and there is no jurisdiction to reopen. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-737, Categories: family Law, jurisdiction, Guardianship
Per curiam, the Supreme Court of Ohio denies the attorney's motion for supplemental briefing and dismisses the appeal filed on behalf of the husband as frivolous. The divorce court's decision was not a final, appealable order, a determination already made by the appeals court. However, the court declines to sanction the attorney as a vexatious litigator because that punishment has already been imposed in this case.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 10, 2024, Case #: 2024-Ohio-1305, Categories: family Law, Sanctions, jurisdiction
J. Quinn finds in this restricted appeal that the lower court properly entered an order establishing the parent-child relationship. The pro se appellant fails to show "error apparent on the face of the record." He waived his complaint regarding personal jurisdiction, and his "objections to subject matter jurisdiction are baseless." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 4, 2024, Case #: 07-23-00394-CV, Categories: family Law, jurisdiction
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J. Johnson finds that the juvenile court properly waived its jurisdiction and transferred the individual's case to criminal district court. There was sufficient evidence to support the finding that "for reasons beyond the control of the state, it was not practicable to proceed in juvenile court before" the individual's eighteenth birthday. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 28, 2024, Case #: 10-23-00337-CV, Categories: family Law, jurisdiction, Juvenile Law
J. Zimmerer finds that the trial court properly granted primary custody of the child to the mother and denied the father's plea to the jurisdiction in which he argued the child's home state was India. The evidence shows the mother and child "have a significant connection with Texas," and the time the child spent in India should not be considered since the father had abducted the child in order to establish jurisdiction there. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 26, 2024, Case #: 14-23-00572-CV, Categories: family Law, jurisdiction
J. Erickson finds a lower court properly dismissed a mother's challenge to a termination ruling of her parental rights. The mother argued that she was entitled to alter the court's judgment. However, the county sufficiently showed that the court lacks jurisdiction based on her untimely filing. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: March 21, 2024, Case #: 22-1902, Categories: family Law, jurisdiction
J. VanMeter finds that Kentucky properly exercised jurisdiction over a minor child in a custody dispute because statute stipulates emergency custody on grounds that the mother now resided with the child in the commonwealth, and since the parents had moved frequently prior to the dispute, which deprived any other state of jurisdiction. Affirmed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: March 14, 2024, Case #: 2023-SC-0251-MR, Categories: family Law, jurisdiction
J. Horton finds the Texas court properly granted the mother's petition to modify the parent-child relationship. The ex-husband knew when he married the mother that he was not the child's father but agreed to pay child support according to the divorce decree he signed. The Texas Family Code also provides circumstances under which a Texas court may proceed to modify a child-custody determination made by a court in another state. The Texas court had jurisdiction to make the modification. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 14, 2024, Case #: 09-22-00202-CV, Categories: family Law, jurisdiction
J. Hixson finds the circuit court properly entered certain child support and visitation orders in favor of the ex-husband. After a divorce, the wife remarried and changed states of residence multiple times pursuant to her new husband's transfers with the Navy. The ex-husband's orders for support and visitation were amended with each move. The mother's request to change venue was properly denied because the Arkansas court has exclusive, continuing jurisdiction over the child custody determination. The record does not reflect that the mother's filing the motion in Rhode Island violated any order by the Arkansas court, and the contempt finding against is her reversed. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: March 6, 2024, Case #: CV-22-432, Categories: family Law, jurisdiction, Guardianship
J. Bendix finds the trial court lacked jurisdiction to order a child's removal from her parents. Evidence that parents had allowed her to cross into the U.S. unaccompanied did not support a finding that she faced any future risk. She was no longer in the custody of an uncle who had abused her in the U.S., her father was now in the U.S., and a dispute between her father and her mother, who was still in Honduras, about who should care for her was not a basis for jurisdiction. Reversed.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: March 5, 2024, Case #: B329192, Categories: family Law, jurisdiction
J. Pitman finds that the district court properly granted a stepfather's motion to adopt his stepchild. The Fifth Circuit Judicial District Court had jurisdiction over the matter because when the stepfather filed his petition for adoption, there was no ongoing or pending litigation in the Fourth Circuit Judicial District Court that would have given it the exclusive authority to hear and adjudicate the petition for adoption. In this case, the biological father's consent was not required because he did not pay child support without just cause for a period exceeding six months, and did not visit, communicate or attempt to communicate with the child for a period of over six months. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: February 28, 2024, Case #: 55,622-JAC, Categories: Evidence, family Law, jurisdiction
[Consolidated.] J. Winkler finds the lower court properly held jurisdiction over the custody case. Although the children currently reside in New York, they were living in Ohio at the time the alleged abuse and neglect occurred. Meanwhile, the finding by the lower court that the children were abused was supported by overwhelming evidence, including the opinion of three doctors that the deceased child died of homicide and testimony the children were all malnourished and punished in excessive and cruel ways. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: February 14, 2024, Case #: 2024-Ohio-538, Categories: Evidence, family Law, jurisdiction
J. Pratter abstains from making any determinations in this commercial dispute between one furniture cleaner’s allegations that former employees stole its trade secrets in order to create a competitor. The suing cleaning company is a key marital asset in an ongoing divorce proceeding between the owners, so this court cannot involve itself in such proceedings, and thus will stay the case.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 9, 2024, Case #: 2:23cv2630, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: family Law, Trade Secrets, jurisdiction
J. Suttell finds that the trial court improperly refused to rule on a father’s emergency motion for temporary orders since reasonable accommodations should be made for noncitizen defendants in global custody claims. However, the family court had subject matter jurisdiction over the case, and the father waived the issue of personal jurisdiction by consenting to jurisdiction. Affirmed.
Court: USDC Rhode Island, Judge: Suttell , Filed On: February 9, 2024, Case #: 22-265, NOS: Civil Rights - Habeas Corpus, Categories: family Law, jurisdiction
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court properly awarded custody of the children to the mother and awarded the father supervised visitation. The lower court had jurisdiction to enter its dependency judgments, and the father fails to argue on appeal that the evidence is insufficient to support "the implicit dependency determination." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CL-2023-0286, Categories: Evidence, family Law, jurisdiction
J. Pena finds that the lower court properly terminated the mother's parental rights to her children. On appeal, the mother challenges the lower court's jurisdiction based on the commencement of the trial, but the trial began "before the new dismissal date." Also, the evidence shows that the "children's current caregivers were meeting their basic needs" and that the mother had "failed to shield them from domestic violence." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 29, 2024, Case #: 13-23-00362-CV, Categories: Evidence, family Law, jurisdiction
J. Mollway dismisses injunctive and declaratory relief for a mother and grandmother who say their children were wrongfully removed from their care while the mother was incarcerated. Custody of the children remains pending in state family court, and nothing prevents the mother and grandmother from bringing their claims in that court, precluding the federal court’s involvement. Claims for damages, however, are stayed pending the state court proceedings.
Court: USDC Hawaii, Judge: Mollway, Filed On: January 19, 2024, Case #: 1:23cv578, NOS: Civil Rights - Habeas Corpus, Categories: family Law, jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the father's petition for a writ of prohibition against the common pleas court judge. Under Ohio law, a common pleas court has jurisdiction over custody and visitation rights involving juveniles, including the one filed by the maternal grandmother in this case. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 18, 2024, Case #: 2024-Ohio-135, Categories: family Law, Judiciary, jurisdiction